Regarding the upcoming state election in Saxony-Anhalt, Stephan Harbarth, President of the Federal Constitutional Court, stated that the election results must be accepted. Speaking to the podcast “Einspruch” from the Frankfurter Allgemeine Zeitung, Harbarth emphasized that there is no inherent right to repeat an election within a democratic system.
Concerning a potential process to ban the AfD party, Harbarth asserted that politics must first decide on any application before the court can examine the legal situation. He strongly rejected any attempt at pre-determining the outcome.
Furthermore, the President of the Federal Constitutional Court issued a stern warning against any potential disregard for judicial rulings. He stated that if the executive branch were ever to stop observing the decisions of the Federal Constitutional Court, the court would “certainly not stand idly by.”
Looking ahead to the selection of constitutional judges, Harbarth advised against premature changes to the current procedures. Under the existing system, judges are elected by the Bundestag and the Federal Council, each selecting half of the candidates with a two-thirds majority. While he noted that a return to the former method, where a judges’ election committee decided solely on the Bundestag candidates, is not strictly out of the question, he currently sees no need for such a shift. He stressed that any debate concerning candidates must be factual and moderate, expressing a hope for “measure and balance” in the future.
