The German Federal Constitutional Court is celebrating its 75th anniversary. In a guest article, Stephan Harbarth, the president of the court, writes that liberal democracies rely on discourse, compromise, and effective separation of powers, and that independent constitutional courts protect these foundations. However, he notes that the independence of constitutional courts is increasingly under threat due to worldwide authoritarian tendencies and declining trust in state institutions.
Harbarth calls for legal safeguards to protect the independence of constitutional courts. Jost Müller-Neuhof argues that the Federal Constitutional Court can only maintain its integrative function in the long term if it also includes political currents that have been largely excluded so far, despite the associated risks.
Wolfgang Janisch sees the court in good condition for the coming years, thanks to the strengthening through the adopted Resilience Act and the trust of the people in the court. Christian Rath writes that the Federal Constitutional Court is needed as a stability anchor and fairness guarantee, especially in these strongly polarized times.
75 Years of the Federal Constitutional Court
In an interview, former court president Andreas Voßkuhle emphasizes that the court’s authority stems not only from the Basic Law but also from its independence, deliberation culture, and confident demeanor towards politics.
Voßkuhle sees challenges for the future due to political polarization and potential blockades but believes that the trust of the population is the decisive measure. Former court judge Gertrude Lübbe-Wolff looks back on the court’s achievements but expresses concern about the noticeable loss of trust in the population and sees the political exclusion of the AfD in judge elections as a possible cause.
Lübbe-Wolff advocates for a more transparent selection process and argues that the court works creatively and influentially but largely adheres to its own jurisdiction and leaves significant leeway to politics in many disputed issues.
EuGH-Generalanwalt
The federal government has proposed Gregor Thüsing, a professor of labor law from Bonn, as the German candidate for the office of Advocate General at the European Court of Justice.
The nomination must be approved by the Judge Election Committee on October 15 before it can be reviewed by an international committee and elected by the EU Council of Ministers. Christian Rath reports on the nomination.
The court is also celebrating its anniversary with a nationwide campaign, where judges visit schools in all 16 federal states, discuss democracy, law, and their work with students, and engage in conversations. Annelie Kaufmann describes the campaign, and Philip Raillon reports on the visit of Constitutional Judge Astrid Wallrabenstein to a school in Solingen.
In other news, Armin Schuster, the interior minister of Saxony, has presented a four-point plan that includes the abolition of the fundamental right to asylum in Germany.
Gabriele Britz, a former constitutional judge, emphasizes that the Basic Law and the Federal Constitutional Court strengthen democracy, particularly through the protection of minorities, the limitation of power, and the securing of open political debates.
Britz warns against dangers to democratic public discourse through social media, algorithmically controlled information spaces, and anti-democratic agitation, and sees the legislature as responsible for protecting diversity and fair discourse in the digital sphere.
She also argues that effective climate protection is a prerequisite for a viable democracy, as without ecological stability, societal design options would dwindle, and politics would increasingly be limited to crisis management.
Wolfgang Janisch, a journalist who has covered the court for over three decades, looks back on the court’s history and describes its unique culture, highlighting the importance of discretion and the strictly maintained secrecy of deliberations.
The passing of Bernhard Töpper, a well-known ZDF law expert, has been announced. Töpper was 81 years old and had been a prominent figure in German legal journalism for many years.
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