Negotiations to protect the Federal Constitutional Court: Union and traffic light still without agreement

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Senate of the Federal Constitutional Court: Are steps necessary to prevent extremist access - and if so, which ones?

Photo: Uli Deck / picture alliance / dpa

Will the Federal Constitutional Court be made more resistant to the influence of extremists? There is now a proposal from the responsible Federal Ministry of Justice. On this basis, representatives of the traffic light coalition and the opposition Union want to discuss possible steps after Easter. The “Rheinische Post” first reported on the document.

However, the newspaper's interpretation that Ampel and Union had already agreed on the template was vehemently rejected by the largest opposition faction on Wednesday. "There is no agreement," said Günther Krings, legal policy spokesman for the parliamentary group, to SPIEGEL. "There is a first draft from the Ministry of Justice," confirmed the CDU politician - but added: "There hasn't even been the first joint discussion about it yet."

This is also how Green Party deputy Konstantin von Notz, who is responsible for domestic policy, presents it. "There seems to be a misunderstanding," he told SPIEGEL. “The Federal Ministry of Justice has commendably presented a proposal that is intended to serve as a basis for discussion, but has not yet been agreed within the traffic light,” said von Notz. "There have been no negotiations yet, so there is no agreement yet."

The CDU and CSU ended initial talks in February with the declaration that they saw no compelling need for the constitutional change sought by the traffic light coalition. Federal President Frank-Walter Steinmeier then made it unusually clear that he wanted appropriate steps to be taken. Later, the Union faction leader and CDU leader Friedrich Merz appeared open to further discussions.

Merz recently appealed to Justice Minister Buschmann to make a concrete proposal to protect the Karlsruhe court. "We are open to talking about anchoring a core of proven structures of the Federal Constitutional Court in the Basic Law," Merz told the newspapers of the Funke media group.

Given the AfD's poll numbers, there has been a debate for months about how the highest court in Karlsruhe can be protected against access by radical parties should they ever gain political power and become involved in governments. According to pollsters, the AfD is in first place among voters in Saxony, Thuringia and Brandenburg, where new state parliaments will be elected in the fall.

Details on the election and term of office of judges in the Basic Law?

Specifically, details on the election and term of office of constitutional judges could not only be enshrined in a law, but in the Basic Law. This would prevent judges from being easily replaced after a change of government. Because changes to the Basic Law require a two-thirds majority in the Bundesrat and the Bundestag, the traffic light would need the consent of the Union.

Representatives of the CDU and CSU have repeatedly expressed skepticism about a change to the Basic Law. However, the Union has not yet proposed any alternatives.

According to the Rheinischer Post, a number of points are to be enshrined in the constitution following the submission from the Federal Ministry of Justice: the independence of the court, the number of two senates, the election of eight judges each by the Bundestag and Bundesrat as well as their term of office of twelve years and the age limit of 68 years. The following passage should be added: "The decisions of the Federal Constitutional Court bind the constitutional bodies of the federal and state governments as well as all courts and authorities." As the newspaper further quotes from the draft, these regulations "are therefore exempt from change with a simple majority in the future." .

The reason why the first round of talks between Ampel and Union was broken off was that the conversation was subsequently reported on. From the point of view of the Union representatives, the confidentiality of the discussions had been broken.

CDU man Krings is annoyed

With a view to the report in the “Rheinische Post” about an agreement on the draft law, Union negotiator Krings is now angry again. "The draft was apparently deliberately punctured by someone who received it," he told SPIEGEL, "and in any case it was no one from the small number of email recipients from the Union." The CDU politician emphasizes: "If we now want to achieve something together on this issue, we cannot proceed in this way." He appeals to the traffic lights to "carry out further proceedings seriously."

Green negotiator von Notz meanwhile praises the Union's about-face. "It is welcome and sensible for the CDU and CSU to return to the negotiating table," he told SPIEGEL. "I'm now looking forward to constructive discussions between the coalition factions and with the Union."