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Berlin Senate Approves Draft Laws to Entrench Constitutional Court in Bid to Shield It From Extremist Pressure

The coalition seeks a two-thirds parliamentary vote before the summer recess to entrench the court in the constitution.

Overview

  • The CDU–SPD Senate adopted two draft laws to move core rules for Berlin’s Constitutional Court from ordinary law into the state constitution.
  • Greens and the Left signaled support, positioning the package for likely passage in the Abgeordnetenhaus, where a two-thirds majority is required.
  • Provisions include seven-year, non-renewable terms for constitutional judges, a minimum age of 35, and continuation in office until a successor is elected.
  • Only the court itself could remove a judge, limited to permanent incapacity or a final prison sentence over six months, and the judges would be exempt from ordinary disciplinary law.
  • The reform would enshrine the court as an independent constitutional organ with binding decisions, framed by officials as a legal ‘firewall’ against extremist interference citing AfD blocking tactics in other states.