Germany's Federal Constitutional Court marks 75th anniversary

On the 75th anniversary of Germany's Federal Constitutional Court, legal experts and former officials have offered varying perspectives on the institution's legacy and role in the liberal rule of law.

Hartmut Kreß, a member of the ifw Board of Directors, noted that the court successfully helped transition Germany from a tradition of obedience to a liberal constitutional state. However, he criticized certain aspects of its history, including jurisprudence that favored the church despite increasing secularization in society. Kreß also highlighted challenges such as the court's difficulty in recognizing the primacy of the European Court of Justice, issues with transparency, and long procedural durations.

Former President of the Federal Constitutional Court Hans-Jürgen Papier emphasized the court's role in defending fundamental rights. In his work, Papier illustrates how the institution protects individual liberties against threats such as terrorism, pandemics, and the pressures of digitalization and globalization. He argues that the court's decisions are vital for upholding human dignity, freedom of expression, and the principles of self-determination enshrined in the Basic Law.