The building of the German Federal Supreme Court Bundesgerichtshof is pictured in Karlsruhe, Germany, December 20, 2016. REUTERS/Kai Pfaffenbach/File Photo
BERLIN (Reuters) - German Chancellor Olaf Scholz's ruling coalition is considering ways of bolstering the independence of country's highest court as fears about the strength of the far-right AfD party grow.
The Alternative for Germany (AfD) is polling second in nationwide surveys, raising concern it could gain significant influence in the legislature after the next federal elections in 2025 and seek to hollow out democratic structures from within.
The anti-establishment, nationalist party is already under state surveillance on suspicion of being extremist and anti-constitutional. It rejects allegations it is undemocratic and has said the Constitutional Court, which is appointed by parliament, is biased and closely linked with the government.
Several senior lawmakers from Scholz's centre-left coalition have over the past week called for the structures ensuring the independence of the constitutional court to be anchored in the constitution rather than a mere law.
This would mean any attempt to change the workings of the court would require a two thirds majority rather than a simple majority in the Bundestag lower house of parliament. They have not mentioned AfD by name.
"As democrats we have the obligation to stay alert and that includes considerations on how we can best protect our constitution and its institutions from anti-constitutional influences," Justice Minister Marco Buschmann said in emailed comments to Reuters late on Tuesday, adding that talks were already underway on how to achieve this.
Scholz himself said the debate was good. "It is important to do these things," he said at an event late on Tuesday, according to magazine Der Spiegel.
Asked to comment, Justice expert for the AfD parliamentary group Stephan Brandner said the party stood for an independent top court and was fighting more for a real division of powers than other parties.
Thousands of Germans have taken to the streets in recent weeks to protest against the AfD, with some of them calling for a ban on the party.
The constitutional court plays a key role in the complex system of checks and balances introduced in Germany following the Nazi era when the power of the government was unchecked. It has the power to review the adherence to the constitution of legislature and German authorities.
Stephan Thomae, lawmaker and legal expert of the parliamentary group of junior coalition partner the Free Democrats (FDP), told paper Welt am Sonntag it was important to anchor in the constitution the division of the court into two senates, the 12-year terms of judges and the court's freedom to decide on its own procedures.
Johannes Fechner, a lawmaker from Scholz's Social Democrats (SPD), pointed to changes introduced in Poland by the Law and Justice party during its eight years in power that European institutions say compromised the independence of the judiciary.
"It is extremely important all democrats advance together," said Konstantin von Notz, chairman of the parliamentary committee that oversees the intelligence services and lawmakers for the Greens junior coalition partner.
Scholz's coalition would need the support of the opposition conservatives to change the constitution, some of which have already expressed their support for such a move.
(Reporting by Alexander Ratz and Sarah Marsh, Additional Reporting by Thomas Escritt, Editing by Rachel More and Philippa Fletcher)
