From Dw · · 1m 50s
Trust in Germany's Constitutional Court Slipping
Germany's constitutional court trust drops as political tensions rise over judicial appointments.
In brief
Germany's constitutional court trust drops as political tensions rise over judicial appointments. Germany's constitutional court trust has fallen from 81% in 2021 to 66% in recent surveys, with debates over AfD candidates and party politics affecting judicial independence. Originally reported by Dw.
Germany's constitutional court trust
The Federal Constitutional Court remains Germany's most trusted government branch at 66% according to YouGov survey.
“The Federal Constitutional Court, Germany's equivalent of the US Supreme Court, still enjoys the most trust among the population of any branch of government”
Trust decline since 2021
Trust dropped from 81% in 2021 to 66% in recent surveys, with other branches scoring lower at 47% for Bundesrat and 38% for Bundestag.
“A new survey by the pollsters YouGov, commissioned to mark the 75th anniversary of the founding of the court, found that about two-thirds (66%) of Germans trust the Federal Constitutional Court”
Political criticism of court
Critics claim the court is too political, but experts say its decisions must follow legal arguments rather than political debates.
“A constitutional court always deals with political questions, but the way that decisions are arrived at should follow legal arguments and legal methods”
Court's founding purpose
The court was founded in 1951 to ensure West German laws followed the Basic Law enacted in 1949.
“The court was founded in 1951, in the aftermath of World War II, to make sure that the laws of the newly founded West Germany adhered to the constitution, or Basic Law, which came into effect in 1949”
Judicial selection process
The Bundestag and Bundesrat each pick half the judges for the court's two eight-seat senates.
“The Bundestag and the Bundesrat each pick half the judges for the court's two eight-seat senates”
AfD candidate controversy
The AfD has been criticized for extremist views, but some constitutional courts at the state level have already accepted AfD nominees.
“Germany's domestic intelligence agencies consider some sections of the AfD extremist and hostile to the constitution”
AfD candidates for court
Lübbe-Wolff argues the Bundestag should allow AfD candidates for the court to maintain plural representation.
“Lübbe-Wolff believes that, for the sake of plurality, the Bundestag should allow candidates put forward by the far-right Alternative for Germany (AfD) to be considered for the Constitutional Court”
Political balance concerns
Landfried is concerned about AfD's far-right sympathies and Germany's Nazi history, but Lübbe-Wolff believes there are enough safeguards.
“Landfried is concerned that, because of Germany's Nazi history, the federal constitutional court should be especially wary about allowing people who potentially have far-right sympathies”
Proposed reforms
Lübbe-Wolff suggests advertising court seats like jobs to reduce party politics and allow more diverse candidates.
“Lübbe-Wolff's new book, entitled 'Does the Federal Constitutional Court need (more) Reform?', contains a few ideas for how the court could be improved to make it less dependent on the choices of the political parties”
Current trust levels
Among supporters of major parties, AfD supporters have the least faith in the court at 34% compared to 80% for CDU and SPD.
“The recent YouGov survey found that, among supporters of the major political parties, AfD supporters had by far the least faith in the court: Only 34%, compared to around 80% for both the CDU and SPD”
What happens next
The Bundestag may allow AfD candidates for the court to maintain plural representation while balancing security concerns.
“Lübbe-Wolff believes that the wider array of parties in the German parliament mean that the AfD and the socialist Left Party should also be allowed to propose candidates”
The key point
Germany's constitutional court trust has fallen from 81% in 2021 to 66% in recent surveys, with debates over AfD candidates and party politics affecting judicial independence.
