BERLIN (AP) – German lawmakers on Thursday approved legislation designed to protect the country's highest court from future manipulation or interference by authoritarian or extremist politicians.
Officials have cited experiences in Poland, Hungary and elsewhere as an indication of the need to strengthen the Federal Constitutional Court. The measurement it was pulled up with the three parties in the ruling coalition it fell last month and against mainstream conservatives.
In what is expected to be one of his last sessions before his retirement early election in February, the lower house of parliament, or Bundestag, supported the plan by 600 votes to 69.
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The legislation is set to reinforce the foundations of the court in the constitution. That means that a two-thirds parliamentary majority would be needed for future changes, rather than a simple majority.
“We see when we look abroad, when the autocrats come to power, they almost always turn against the efficiency and independence of justice,” said Interior Minister Nancy Faeser to lawmakers.
She did not name any countries, but supporters have pointed to Poland in particular as a cautionary tale. That country's former conservative nationalist government moved to establish control over the Constitutional Tribunal.
Germany's Federal Constitutional Court, based in the southwestern city of Karlsruhe, is often called upon to be the final arbiter over policy.
There are two panels of eight judges each, who serve one term of 12 years. These requirements are to be anchored in the constitution, as is the maximum age of 68 for judges and other regulations.
The extreme right Another option for Germany party, which has been polling up to 20% in recent surveys, arguing that mainstream parties are just trying to consolidate their own influence on the court.
Half of its judges are elected by the Bundestag and the other half by the upper house of parliament, which represents Germany's 16 state governments. Candidates are recommended by political parties and need a two-thirds majority to be elected, which is to ensure balance and effectively weed out highly polarized figures.
The reform also includes a solution to “obstructing minorities” obstructing the election of judges. That would allow the Bundestag to elect judges if the upper house does not, or vice versa.
