Bulletin of the Institute for Western Affairs, ed. 569: Resilience of Constitutional Courts in Poland and Germany

Bulletin of the Institute for Western Affairs, ed. 569: Magdalena Bainczyk „Resilience of Constitutional Courts in Poland and Germany”

The political context surrounding the reform of the Federal Constitutional Court (FCC) ties closely to Germany’s domestic politics. Since last year, Germany has been debating ways to enhance the “resilience of the rule of law.” This discussion includes potential changes to the rules governing the FCC, particularly the procedure of electing its justices. Three main factors are fueling this debate: the upcoming Bundestag elections in 2025, the possible rise in voter support for the AfD and the BSW, and the absence of detailed provisions in Germany’s Basic Law regarding the FCC. There is also concern that the AfD or another party might challenge or disrupt the “established state practice.”