Federal Interior Minister Nancy Faeser (SPD) has accused the Union of not doing enough to protect democracy and the rule of law from sabotage. “In these times, state political responsibility is needed instead of fundamental opposition,” said Faeser to the German Press Agency. Especially when it comes to protecting democracy, the principle should apply to all democrats: “First the country, then the party.”
For the time being, the Union sees no need to provide the Federal Constitutional Court with greater protection from influence in response to the rise of extreme parties and has ended corresponding discussions with the traffic light government. “The Union parliamentary group currently sees no compelling need to change the regulations on the Federal Constitutional Court in the Basic Law,” said Union parliamentary group vice-president Andrea Lindholz (CSU) to the “Rheinische Post”. In discussions with representatives of the traffic light factions, it became clear that restructuring the legal basis of the Federal Constitutional Court would not only have advantages. Such changes to the Basic Law would have to be very carefully considered.
The traffic light coalition has considered enshrining details on the election and term of office of constitutional judges not just in a simple law, but in the Basic Law. These could then no longer be changed with a simple majority, but only with a two-thirds majority. This could, for example, prevent judges from being removed from office relatively easily in the event of a change of government.
“Our constitutional state must not be allowed to be sabotaged from within,” said Faeser. “When authoritarian forces attack democracy, the judiciary is often their first target,” warned the minister. This could be observed in neighboring European countries. It is therefore necessary to ensure the independence of the Federal Constitutional Court more strongly.” To this end, it would be advisable to include central regulations on organization and procedures in the Basic Law.
The Union faction rejected the criticism. Her parliamentary manager, Thorsten Frei, told the dpa that Faeser had “totally lost measure and center” with her criticism. It is not his group’s job to play the “cleaner” for the government. “Instead of trying to silence us,” the traffic light government should address people’s concerns and needs. The CDU politician criticized: “The traffic lights are pushing laws through parliament that the majority of citizens only shake their heads about.” This applies, among other things, to the heating law, the shutdown of nuclear power plants in an energy crisis and the release of cannabis.
