Amendment to the Basic Law on the Federal Constitutional Court Passes
Berlin, December 19, 2024 – Today, the Bundestag passed an amendment to the Basic Law, Germany’s constitution, concerning the Federal Constitutional Court (Bundesverfassungsgericht). The amendment, which required a two-thirds majority, was supported by the governing coalition and the opposition Green Party.
Key Changes
The amendment introduces several significant changes to the structure and procedures of the Federal Constitutional Court:
- Expansion of the number of justices: The number of justices on the Court will be increased from 16 to 20. This expansion is intended to reduce the workload and improve the efficiency of the Court.
- Staggered terms: The terms of justices will be staggered, with four justices being appointed every two years. This change is designed to ensure continuity and stability within the Court.
- Mandatory retirement age: Justices will be required to retire at the age of 70. This provision aims to prevent justices from serving indefinitely and promote a more balanced representation of perspectives on the Court.
- Enhanced transparency: The Court will be required to hold public hearings in cases of exceptional public interest. This measure is intended to increase the transparency and accountability of the Court.
- Clarification of judicial independence: The amendment explicitly affirms the independence of the Federal Constitutional Court from the government and parliament.
Significance
The amendment to the Basic Law on the Federal Constitutional Court has been hailed by legal experts as a major step forward in modernizing and strengthening the Court. The changes are expected to improve the Court’s efficiency, transparency, and accountability.
Background
The Federal Constitutional Court is Germany’s highest judicial body. It has the power to review the constitutionality of laws and actions of the government and parliament, and to protect the fundamental rights of citizens.
The Court has played a crucial role in shaping German constitutional law and has frequently been called upon to address complex and controversial issues. In recent years, there have been calls to reform the Court to address concerns about its workload and to ensure its long-term effectiveness.
Implementation
The amendment is expected to come into force on January 1, 2025. The staggered terms for justices will be phased in gradually, with the first four justices being appointed in 2025.
Änderung im Grundgesetz zum Bundesverfassungsgericht beschlossen
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