Academic gathering featuring Angelika Nußberger and Hans-Joachim Heßler, President of the Constitutional Court, at a Catholic Academy in Bavaria
In a thought-provoking discussion at the Academy, Dr. Hans-Joachim Heßler, President of the Bavarian Constitutional Court, and Prof. Dr. Angelika Nußberger, former Vice-President of the European Court of Justice, raised concerns about the erosion of the role of justice in Germany.
Heßler and Nußberger highlighted Hungary and Poland as examples of this transformation, expressing their belief that politics must be mindful of their responsibility during the election process. They pointed out that the willingness of competent judges to undergo this procedure has decreased, a concern that is particularly relevant in the current context.
The focus of their discussion was the Alternative for Germany (AfD), a political party that has been classified as a right-wing extremist organisation by the Federal Office for the Protection of the Constitution (BfV) in 2025. The party is currently under scrutiny, with ongoing talks and legal proceedings regarding its potential prohibition.
Heßler advocated for an "open-ended examination" when considering a party ban due to unconstitutional behaviour. He emphasised the importance of maintaining the functioning of the courts, appealing to politics to uphold this crucial institution.
Nußberger, on the other hand, expressed more caution towards party bans, fearing they could lead to further negative development and a lack of broad consensus among state institutions. She urged a careful approach, emphasising the importance of maintaining democratic principles even in challenging times.
Both speakers agreed that the independence of the courts is at risk when a democratic state transforms into an authoritarian one. Heßler maintained that decisions of the Federal Constitutional Court in Germany can still be trusted to have broad consensus, but acknowledged the failed election of members as a concern.
Heßler and Nußberger were invited by Academy Director Dr. Achim Budde for a talk on the topic "The Third Branch of Government in Peril?", a timely and relevant discussion that sheds light on the current state of judicial independence in Germany.
In a final appeal, Heßler urged the churches to uphold the idea of freedom, especially in a more challenging environment. This call to action underscores the importance of collective responsibility in maintaining the principles of democracy and upholding the independence of the judiciary.
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