Former Federal Constitutional Court Judge Peter Huber has voiced concerns regarding the perceived understanding of 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 suggested that these parties may underestimate the significance of the Federal Constitutional Court’s impact on social policy and key political decisions.
While acknowledging that court decisions are invariably based on legal principles and existing jurisprudence, Huber, a constitutional law expert based in Munich, noted the inherent flexibility within the German constitution. He explained that the values enshrined in the Basic Law require ongoing interpretation and clarification, leaving room for the integration of contemporary societal shifts and individual perspectives.
Huber emphasized that a change in the majority composition of a senate within the Federal Constitutional Court can wield more transformative power than a parliamentary election, a statement highlighting the court’s potential to reshape policy directions.
The interview also addressed anxieties surrounding the potential for judges nominated by the right-wing Alternative for Germany (AfD) party to be appointed to the court. Drawing on experiences from state constitutional courts in Germany, as well as similar situations in Austria and Italy involving the FPÖ and Lega parties, Huber argued that the appointment of AfD-nominated judges does not necessarily equate to a standstill in judicial processes. He observed that judges nominated by the AfD in state constitutional courts have, thus far, largely remained unobtrusive.
