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Left-wing coalition seeks to overhaul Mecklenburg's constitutional court rules amid political tensions

With the far-right AfD surging in polls, left-leaning parties race to reform the court's rules—before power shifts. Critics call it a 'constitutional trick.'

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The image shows an old document with a drawing of a street scene, featuring a pole with a flag,...
The image shows an old document with a drawing of a street scene, featuring a pole with a flag, buildings, trees, and a sky. The document is a copy of the first draft of the German Constitution, with text written on it.

Left-wing coalition seeks to overhaul Mecklenburg's constitutional court rules amid political tensions

SCHWERIN—Just months before Mecklenburg-Western Pomerania's state election, the SPD, Greens, and Left Party are pushing to reform the rules governing the state constitutional court. According to a draft bill obtained by Junge Freiheit, the coalition aims to prevent a "risk of deadlock" due to the lack of a two-thirds majority and to permanently "shield the court from day-to-day political disputes."

Under the proposed changes, if the court faces a "blockade" and no successors are appointed within six months of a judge's term expiring, the court itself would nominate replacements. The state parliament would then vote on these candidates, requiring only an absolute majority of lawmakers. If that vote fails, the incumbent judges would remain in office. Additionally, the SPD, Greens, and Left Party seek to enshrine existing provisions—such as the 12-year term limit and the age cap of 68—in the state constitution, which currently can be amended by a simple majority.

AfD and CDU Reject Constitutional Court Proposal

Criticism came from Enrico Schult, deputy leader of the AfD's parliamentary group, who accused the red-red-green coalition of "panicking at the prospect of a fair transfer of power." Instead of respecting voters' will, he said on Thursday, they were using a "constitutional trick" to lock the court into a left-wing alignment for years. A court that "effectively appoints its own members" would lose all democratic legitimacy, turning the separation of powers into a "farce."

CDU parliamentary leader Daniel Peters also dismissed the proposal. "I advocate strengthening democracy through trust, open debate, and convincing election results—not by tampering with the constitution," he told the Deutsche Presse-Agentur. Back in March, the CDU's top candidate for the state election had condemned in a Welt op-ed what he called the opposition's "unseemly" demand to "stop obstructing the erosion of minority rights."

AfD Leads in Polls by Wide Margin

SPD parliamentary leader Julian Barlen, however, urged lawmakers not to treat the issue as "party politics" but as a matter of safeguarding "our democratic rule of law." He called on "all democrats" to defend the constitutional court against "attacks and neutralization," noting that similar reforms had already been adopted—or were in progress—in the federal government, Saxony-Anhalt, and Berlin, "with active local CDU support."

Mecklenburg-Western Pomerania's state parliament will be reelected on September 20. The latest Insa Sunday poll puts the AfD in the lead with 34 percent, making it the most popular party in the state. The governing SPD, led by Minister-President Manuela Schwesig, trails at 26 percent, while Peters' CDU sits at 12 percent. The Left Party, currently part of the ruling coalition, polls at 10 percent, followed by the Greens and the BSW (Bündnis Sahra Wagenknecht) at 5 percent each.

2020 Judicial Appointment Sparked Weeks of Controversy

In 2020, the appointment of Barbara Borchardt—a former Left Party lawmaker—as a constitutional judge drew sharp criticism (Junge Freiheit reported). Borchardt, who died in 2023, had been a member of the Antikapitalistische Linke ("Anti-Capitalist Left"), a faction monitored by Germany's domestic intelligence agency. She had also controversially described the Berlin Wall as "unavoidable," adding, "There were deaths on both sides—border guards were shot too." Only after weeks of negotiations did the CDU, then the junior partner in a coalition with the SPD, agree to her appointment.

Most recently, Saxony-Anhalt's state parliament—with votes from the CDU, Left Party, SPD, FDP, and Greens—passed a similar reform of its constitutional court (Junge Freiheit reported). AfD parliamentary leader Oliver Kirchner accused the other factions of establishing a "totalitarian Demokratur" (a pejorative blend of "democracy" and "dictatorship"). For the Mecklenburg-Western Pomerania bill to pass, 53 of the 79 parliamentary seats are required. The SPD, Greens, and Left Party currently hold 48.

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