Germany plans to shield courts from rising far-right influence

The German parliament has passed a pivotal law to strengthen the Federal Constitutional Court, aiming to shield it from political influence amidst growing success of the far-right Alternative for Germany (AfD) party in state elections. The amendment to the law governing the court, finalized on December 19 ahead of February's elections, secures structural protections for Germany's highest judicial body by enshrining them in the country's constitution, the Basic Law. This legislative move reflects a broad consensus among major political parties to safeguard the judiciary from potential threats to democracy.

The amendment fixes key features of the Constitutional Court, including the number of judges (16), their terms (12 years), and their maximum age (68), the Deutsche Welle clarifies. It also codifies the court’s structure, dividing it into two senates of eight judges each, further subdivided into chambers. To ensure the court's functionality, the law allows judges to remain in office until their successors are elected, and it grants the court autonomy over its internal procedures, including case scheduling.

One of the most notable provisions prevents "blocking minorities" in either parliamentary chamber—the Bundestag or the Bundesrat—from hindering judicial appointments. If the Bundestag fails to achieve a two-thirds majority to appoint a judge, the Bundesrat gains the authority to do so. This change is designed to prevent stalemates that could paralyze the judiciary’s operations.

Social Democrat Interior Minister Nancy Faeser emphasized the necessity of these measures, warning that autocratic regimes often undermine judicial independence as a first step toward eroding democracy. She stated, "The enemies of our democracy must not have a gateway to the judicial system." Her comments echo concerns over the rising influence of the AfD, some sections of which have been deemed a threat to Germany’s constitutional order by intelligence agencies.

The law received broad support from a coalition of the Social Democrats (SPD), Greens, Free Democrats (FDP), Christian Democratic Union/Christian Social Union (CDU/CSU), and the socialist Left Party. However, the AfD strongly opposed the amendment. Party member Fabian Jacobi accused the other parties of monopolizing control over judicial appointments and excluding the AfD from participating in the process. He characterized the amendment as an attempt to maintain the court as a tool for the "party cartel."

Experts view the reform as essential for preserving judicial independence. Ulrich Karpenstein, Vice President of the German Bar Association, highlighted the risks posed by parliamentary minorities or simple majorities undermining the court. He warned of scenarios like “court-packing,” where ruling parties might appoint additional judges or create chambers to secure favorable rulings—a tactic used by Poland's Law and Justice Party (PiS). The PiS court-packing crisis in Poland, which sparked mass protests, served as a cautionary tale for Germany where the AfD’s growing popularity already sparked concerns.

The law also underscores a proactive response to safeguarding democratic institutions in the face of rising populism and authoritarianism across Europe. By reinforcing the Constitutional Court's independence, Germany aims to prevent a similar erosion of judicial integrity and protect the rule of law. The move is widely regarded as a necessary step to ensure that the judiciary remains a bulwark against threats to democracy.

By Nazrin Sadigova