"It must not be possible for the rule of law in our country to be sabotaged from within."

type: News , Topic: The constitution , Date: 19 December 2024

Bundestag debates on bills for improved protection of the Federal Constitutional Court in second and third reading

The German Bundestag has today debated two bills for the improved protection of the Federal Constitutional Court and its ability to function.

In her speech, Federal Minister of the Interior Nancy Faeser said: “Over the last 75 years, the Federal Constitutional Court has firmly established its place among the institutions under the Basic Law as the guardian of our constitution. The German people have great confidence in the Federal Constitutional Court, and rightly so.” The court's decisions have upheld fundamental rights and guaranteed the separation of powers.

quote:

"It must not be possible for the rule of law in our country to be sabotaged from within. For this reason, we are improving the Federal Constitutional Court’s ability to act.”

Federal Minister of the Interior Nancy Faeser

Bundesministerin Nancy Faeser

The two bills originate from the wide range of democratic parties represented in the German Bundestag. The new legislation anchors in the constitution the number of senates as well as the number of judges. Furthermore, the autonomy of the court's rules of procedure is guaranteed by Germany's constitution, the Basic Law. This combination guards against the possibility of external influence on the work and decision-taking processes of the court.

In addition, the duration of the judges’ terms of office is now set out in the constitution. This provides certainty and safeguards independent decision finding by the members of the court.

Federal Minister Faeser said: “The fact that we are now able to strengthen the Federal Constitutional Court’s independence and ability to act shows what is possible when democratic forces work together. This enables us to adopt these important amendments to the Basic Law for the protection of the rule of law and democracy before the upcoming Bundestag elections.”

Both bills were approved by a large majority in a role-call vote in the Bundestag. In a final step, the bills will have to be adopted by the Bundesrat.

Bill to amend the Act on the Federal Constitutional Court and the Committees of Inquiry Act

The Act on the Federal Constitutional Court (Bundesverfassungsgerichtsgesetz, BVerfGG) is being amended through the addition of subsection (5), which establishes the mechanism for unblocking the election of judges as permitted by the Basic Law. The new subsection (5) defines the time period, which is not specified by the Basic Law, after which the right to vote may be exercised by the alternate electoral body. It stipulates that, after this period, the alternate electoral body may exercise the right to vote; and it clarifies that a judge elected by the alternate electoral body is to be regarded as having been elected by the competent electoral body. The references in the Act on the Federal Constitutional Court (Bundesverfassungsgerichtsgesetz, BVerfGG) and the Committees of Inquiry Act (Untersuchungsausschussgesetz, PUAG) to the competences of the Federal Constitutional Court as stipulated by the Basic Law (now Article 94; previously Article 93) are also being adapted to the new legislation.

Bill to amend the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz, BVerfGG) and the Committees of Inquiry Act (Untersuchungsausschussgesetz, PUAG)(legislative text available in German only)

Bill to amend the Basic Law (Grundgesetz, GG (Articles 93 and 94))

The status of the Federal Constitutional Court as a constitutional body, as set out in section 1 (1) of the Federal Constitutional Court Act, has now been formally anchored in the Basic Law. Article 93 of the Basic Law now summarises the provisions concerning the status of the Federal Constitutional Court. In its amended version, Article 94 of the Basic Law states that decisions of the Federal Constitutional Court are binding for the constitutional bodies and sets out the court’s competences, which remain unchanged in terms of content.

Bill to amend the Basic Law (Grundgesetz, GG (Articles 93 and 94))(legislative text available in German only)

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