German government, opposition make headway on top court protections

A general view of the courtroom before the hearing of the Higher Administrative Court of the federal state of North-Rhine Westphalia that will decide whether the far-right Alternative for Germany AFD party can be classified as a suspected case of right-wing extremism in Muenster, Germany, March 12, 2024. /Andreas Kranz/File Photo

BERLIN -Germany's ruling coalition and main conservative opposition are making good progress on a draft law to protect its highest court, representatives of both sides said Thursday, at a time of growing concern about the far-right AfD party's strength.

The anti-establishment, nationalist party is already under state surveillance on suspicion of being extremist and anti-constitution. The AfD rejects allegations it is undemocratic and has said the Constitutional Court, which is appointed by parliament, is biased and closely linked with the government.

The AfD has filed more than 20 cases with the top court alleging its rights are being infringed, according to a Reuters analysis of data revealed last week, a tactic the party's critics say is meant in part to gum up the rule of law.

Justice Minister Marco Buschmann, from the co-ruling liberal Free Democrats (FDP), said in an interview that a draft bill had been submitted as a working document that will serve as the basis of discussions.

The aim is to reach agreement on an amendment to the constitutional Basic Law this term, which runs until autumn 2025, he told the Redaktionsnetzwerk Deutschland media outlet.

A spokesperson for the opposition CDU/CSU parliamentary group said talks were making good progress, but did not give any details on a timetable.

Buschmann told the outlet that the impetus for the draft law was the developments being observed in other countries.

"The sad experience in Poland, Hungary and to some extent also in Israel is that constitutional courts can quickly become political targets," he said.

The Rheinische Post newspaper reported that the 12-page draft law will incorporate the mandate of the Federal Constitutional Court into the constitution, with the aim of enshrining its independence with the following passage:

"The decisions of the Federal Constitutional Court bind the constitutional bodies of the federal and state governments as well as all courts and authorities."

The newspaper said the law would also spell out the election process for the court's judges through the lower and upper houses of parliament, their term of office and the age limit.

"All of these regulations are therefore exempt from change with a simple majority in the future," the Rheinische Post added, quoting the draft legislation.

(Reporting by Riham Alkousaa and Christian Kraemer; Writing by Miranda Murray; Editing by Mark Heinrich and Angus MacSwan)