Berlin (dpa/d.de) –- The Bundestag has approved an amendment to the Basic Law with the required two-thirds majority to protect the Federal Constitutional Court. Key provisions regarding the structure and functioning of Germany’s supreme court have now been incorporated in the constitution.
The reform is necessary in order to leave no loopholes for the enemies of democracy, said Federal Minister of the Interior Nancy Faeser, recalling the failure of democracy during the Weimar Republic (1919-1933).
Important points regarding the appointment of judges to be enshrined in the Basic Law include the twelve-year term, the prohibition of re-election and the age limit of 68 years. Up to now these aspects have been regulated under the Federal Constitutional Court Act, but unlike the Basic Law this Act can be amended by a simple majority (50 per cent). By contrast, the Basic Law always requires a two-thirds majority in the Bundestag and Bundesrat.
The Basic Law is also to stipulate the requirement of 16 judges and two senates. In order to ensure that the court’s ability to function is not jeopardised under any circumstances, the Basic Law will in future also require a judge to continue in office until a successor is elected. The same applies to the procedural autonomy of the Federal Constitutional Court.
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