Germany’s political leaders have praised the role of the Federal Constitutional Court as guardian of the Basic Law as the court marks its 75th anniversary, while calling for the protection of the rule of law. At a ceremony in Karlsruhe, Federal President Frank-Walter Steinmeier pointed to “the growing strength of forces at the political fringes” that were discrediting and questioning democracy and the rule of law. “Let us protect our Constitutional Court from possible attacks by those who despise the rule of law,” he urged.
Federal Chancellor Friedrich Merz (CDU) also travelled to Karlsruhe to mark the anniversary. He described the court as an “important pillar of our democracy, especially in these turbulent times”. He said he wished the court continued “courage in its decisions and always to put the law above power”.
Steinmeier said that many people were concerned about democracy and the rule of law. He described these concerns as understandable, but stressed: “That is precisely why I say: The Basic Law applies, it applies to everyone and in all German states,” the Federal President said, without naming anyone or referring to the AfD’s election victory in Saxony-Anhalt.
Ensuring that the Basic Law applies, is respected and is enforced is something to which the Federal Constitutional Court makes a decisive contribution, he continued. “That there can be no neutrality on the part of judges towards our Basic Law is self-evident,” Steinmeier said. “It is equally true that anyone who opposes the free democratic basic order cannot be a judge.”
The President of the Federal Constitutional Court, Stephan Harbarth, also described the current period as one of “upheaval”, unrest and uncertainty. It is precisely in such times, however, that the strength of the constitutional state becomes apparent, he said, promising: “Whoever takes away from people what the Basic Law gives them will encounter the limits of their power in Karlsruhe.”
The current President of the Bundesrat, Bremen Mayor Andreas Bovenschulte (SPD), said: “I am convinced that the Federal Constitutional Court will continue in the coming years to make its indispensable contribution to protecting our constitutional order and, with it, the Federal Republic as a federal, democratic and social constitutional state.”
Germany’s highest court was officially opened 75 years ago, on 28 September 1951. “Karlsruhe” reviews whether political authorities comply with the Basic Law. Citizens who believe that their fundamental rights have been violated by public authorities can file a constitutional complaint directly with the court.
The court also decides disputes between state organs concerning their rights and obligations. It can review laws for their constitutionality, ban political parties and overturn unconstitutional decisions by other courts. It is also responsible for complaints concerning the scrutiny of elections following elections to the Bundestag or the European Parliament.
The Federal Constitutional Court is itself a constitutional organ, and representatives of all the other constitutional organs travelled to Karlsruhe for its anniversary. Among them, alongside Steinmeier, Merz and Bovenschulte, were numerous other senior politicians, including Vice Chancellor Lars Klingbeil (SPD), Federal Interior Minister Alexander Dobrindt (CSU), Justice Minister Stefanie Hubig and Defence Minister Boris Pistorius (both SPD).
Bundestag President Julia Klöckner (CDU) was also invited. The anniversary also attracted international guests. Koen Lenaerts, President of the Court of Justice of the European Union, attended, as did Mattias Guyomar, President of the European Court of Human Rights.
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