Berlin Senate Moves to Strengthen Constitutional Court Independence

The Berlin Senate has advanced a series of constitutional reforms aimed at fortifying the independence and resilience of the city's highest court, the Constitutional Court, against potential political influence. These proposed changes are designed to safeguard the court's autonomy, particularly in the context of increasing concerns about extremist political forces seeking greater influence over judicial institutions.

The reforms, initiated by the governing coalition, focus on embedding key regulations regarding the status, structure, and appointment of constitutional judges directly into Berlin's state constitution. This strategic move raises the threshold for future amendments, as alterations to the constitution require a two-thirds majority in the state parliament, compared to a simple majority for ordinary laws. This measure is intended to ensure that fundamental aspects of the court cannot be easily modified for political purposes.

One of the central proposals outlines that constitutional judges will serve a single term of seven years and will not be eligible for reappointment. To ensure continuity in court operations, judges whose terms have expired will continue in their roles until successors are officially appointed. In addition, eligibility criteria for judges will be established within the constitution, specifying that candidates must be at least 35 years old and meet the qualifications necessary to be elected to the German Bundestag.

The Senate also aims to reinforce the court's autonomy by stipulating that only the Constitutional Court itself, and not political actors, can dismiss a judge. Dismissal would only be possible if a judge becomes permanently unfit for office or is convicted of a serious criminal offense resulting in a sentence of more than six months. This provision intends to protect judges from politically motivated disciplinary actions and ensures their independence from external pressures.

Further, the reforms will declare the Constitutional Court as an independent constitutional body, equivalent to other principal organs such as the Senate and the House of Representatives. The court will operate under its own rules of procedure, and its decisions will be binding on all branches of government and public authorities within Berlin. This initiative is part of broader efforts to clarify and reinforce the separation of powers at the state level.

To enact these constitutional amendments, the Senate requires support from at least one additional parliamentary faction beyond the governing coalition, as a two-thirds majority is necessary. According to official statements, opposition parties such as The Left and The Greens have indicated their willingness to support these measures, following discussions with the Justice Senator. The Senate plans to implement the reforms before the upcoming summer recess.

These reforms reflect ongoing national debates about how best to shield constitutional courts from the influence of extremist political groups. In particular, the rise of parties holding a blocking minority in certain state parliaments has raised concerns about the potential for political interference in judicial appointments and constitutional amendments. Recent changes to Germany's Basic Law at the federal level similarly aim to protect the Federal Constitutional Court from undue political influence by enshrining key structural provisions in the constitution.

The Berlin Senate's initiative is part of a growing trend among German states and at the federal level to reinforce judicial independence through constitutional safeguards. By increasing the requirements for altering the court's foundational rules, policymakers aim to ensure the long-term stability and impartiality of Berlin's highest judicial authority.