Protecting the Federal Constitutional Court: A Coalition Agreement

The federal government and CDU/CSU have agreed to protect the Federal Constitutional Court by incorporating procedural rules into the Basic Law, requiring a two-thirds majority. The initial negotiations were inconclusive, but legal associations and Federal President Steinmeier have called for the protection of the rule of law institutions.

The aim is to safeguard the court from the influence of authoritarian forces and prevent any questioning of its independence. The agreed-upon changes include the inclusion of the court's structure, judges' terms, and appointment processes in the Basic Law, as well as the binding effect of its decisions.

While the proposals align with existing regulations, they will now require a two-thirds majority to be changed. The draft also suggests granting the court autonomy over its procedural rules.

However, the issue of appointing judges with a two-thirds majority remains unresolved. Despite the minimal consensus achieved, this coalition agreement marks an important step towards ensuring the Federal Constitutional Court's protection and independence, particularly in the face of challenges posed by the erosion of the rule of law in other countries and the rise of far-right extremism.