Former Federal Constitutional Court Judge Peter Huber has voiced concerns regarding a perceived lack of appreciation for the court’s influence held by the Christian Democratic Union (CDU) and Christian Social Union (CSU) parties. In an interview with the German news magazine “Focus”, Huber stated that the Union parties, in particular, appear to underestimate the court’s significant impact on social policy and crucial political decisions within Germany.
While acknowledging that the court’s rulings are based on legal principles and precedent, Huber, a constitutional law expert based in Munich, emphasized the inherent flexibility within the German constitution. He explained that the values enshrined within the Basic Law require ongoing interpretation and are therefore subject to ongoing adaptation. “The Basic Law contains loopholes” he asserted, “allowing for the influence of contemporary trends, individual perspectives and personal convictions.
Huber further highlighted the potential for a shift in the composition of the Federal Constitutional Court’s senate to have a more substantial impact than parliamentary elections. He cautioned that changes in senatorial membership could lead to significant policy alterations.
Addressing anxieties surrounding the potential appointment of judges affiliated with the Alternative for Germany (AfD) party, Huber drew parallels to experiences in state constitutional courts, as well as observations from Austria and Italy. He suggested that appointments of judges nominated by parties such as the FPÖ in Austria or the Lega in Italy have not demonstrably led to a standstill in judicial processes. Judges nominated by the AfD in state constitutional courts, he noted, have, “in general, remained inconspicuous”.