DCDU chairman Friedrich Merz accuses the traffic light coalition of having made discussions on the constitutional protection of the Federal Constitutional Court public “through indiscretions”. In his newsletter “MerzMail”, the CDU chairman wrote on Sunday afternoon that Ampel and the Union had been exchanging ideas on this since autumn. There were then two breaches of trust. “Confidential discussions are currently hardly possible,” particularly with the SPD parliamentary group.
At the end of January, the parliamentary managing directors of the SPD and FDP, Johannes Fechner and Stephan Thomae, advocated in the “Welt am Sonntag” for rules on the election and functioning of Karlsruhe judges to be transferred from the Federal Constitutional Court Act into the Basic Law. Thomae justified the move by protecting the court from “enemies of democracy”.
Unlike the Federal Constitutional Court Act, the Basic Law can only be changed with the consent of two-thirds of the members of the Bundestag and the Bundesrat. Right-wing politicians from the Union and the Greens initially welcomed the proposal with openness, but were irritated by the public advance of the SPD and FDP.
They then made some of their own suggestions for constitutional changes. Two weeks ago, the CDU/CSU parliamentary group board decided not to continue the talks with the traffic light. Traffic light politicians criticized this and called for the conversation to continue.
Merz is now considering supplementing the rules for electing federal constitutional judges. Half of the judges are elected by a two-thirds majority of the Federal Council and the Bundestag. If this majority does not materialize in one body, the other could step in. Merz leaves it open whether he favors this addition to the Basic Law or the Federal Constitutional Court Act.
Last week, the Lawyers' Association, Lawyers' Association, Women's Lawyers' Association and Judges' Association made a joint call for “the federal and state constitutional courts to be constitutionally protected against blockages and to be protected from targeted interventions.” The professional associations called on Union and Ampel to continue their discussions.
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