The Federal Constitutional Court of Karlsruhe It is a foundation for the German legal order and a reference point for the independence of justice not only in Germany but also internationally. The recent failure of the election of senior judges brings to the forefront concerns about the seamless functioning of the institution and the political games that may affect critical institutional processes.

The institutional significance of the constitutional court

According to the Handbook of Professor of Political Theory, Manfred Schmidt, the Court of Karlsruhe “incarnates the crown of legal enforcement” in Germany, operating beyond simple “Court of the Constitution”. With a rich case -law tradition, it has shaped the protection of fundamental rights and has significantly influenced judicial legislation at European level.

Its responsibilities are not only limited to the control of constitutionality, but also extend to mediation between different state institutions, between states and the central government, and has the sole responsibility of banning political parties. Its 16 members are elected by the House and the Federal Council, securing the separation of powers.

Political malfunctions and dead ends

The unsuccessful attempt to elect new judges last Friday was, in the words of federal President Frank-Walter Steinmeier, “blow for the government itself”. Despite his initial attempt to downgrade the importance of postponement, his reflection was evident, as the issue concerns the functioning of the country’s leading constitutional instrument.

The disagreement mainly emerged between the Christian Union and the Social Democrats, in the wake of the candidacy of the Frauke-Brofero-Brofero, which conservative circles consider it to be “left background” and with “activist” Opinions on human rights. Her doctoral dissertation was also a tool of criticism, with an unfounded, suspicion of plagiarism. The election of judges requires widespread consensus 2/3, which makes the unanimity of all parliamentary forces necessary.

Reactions to the legal and political community

This development caused the intervention of 300 distinguished legalists, who in an open letter denounced “lack of political weight and inadequate preparation” by the government, but also the inadequate protection of the candidate itself from targeting. At the same time, former judges and vice -presidents of the Constitutional Court were placed, referring to “deafening failure of leadership” but also for the need for a compromise between central forces.

Undoubtedly, the Constitutional court in Karlsruhe It has a decisive role in the supervision of executive and legislative power, with decisions that are binding. No government has questioned its prestige, even in cases where its decisions were politically painful.

Conclusions about the functioning of democracy

The postponement of voting for the election of judges leaves open questions not only about the internal balances of the German government but also for the institutional credibility of an instrument-body of democracy. Continuing the impasse threatens to blur the dividing line between political tooling and true respect for the institutional counterbalances, which ensure independence and justice in the European democratic context.