Germany’s lower house of parliament, the Bundestag, approved a new piece of legislation on Thursday aimed at safeguarding the country’s Constitutional Court from political interference. This move comes in response to concerns about far-right parties attempting to undermine the judicial body’s independence.
The legislation was fast-tracked before the upcoming February snap election, following the collapse of Chancellor Olaf Scholz’s government, and draws inspiration from similar actions in Hungary and Poland, where judicial reforms raised alarm among EU partners.
The new law enshrines the structure of Germany’s Constitutional Court in the Basic Law, securing its role as a key democratic institution in post-war Germany. Among the provisions are the size of the 16-judge court, the judges’ 12-year terms, and a mandatory retirement age of 68.
Future changes to the court’s structure will require a two-thirds majority in both the Bundestag and the Bundesrat, making any potential alterations more difficult. Additionally, the legislation introduces a mechanism for selecting judges if parliament faces an impasse in appointing new members.
The legislation received support from several political parties, including the Social Democrats (SPD), Greens, Free Democrats (FDP), and the conservative CDU/CSU. However, it was opposed by the far-right Alternative for Germany (AfD), which has become the second-largest party in many recent opinion polls. This move underscores Germany’s commitment to ensuring judicial independence amid rising concerns over political pressure on the judiciary.
