New Article Marking the 75th Anniversary of the Federal Constitutional Court
On 4 September 2026, Juristische Ausbildung (JURA) published an article by Professor Christian Walter entitled “75 Jahre Bundesverfassungsgericht: Wie ein Gericht zur prägenden verfassungsrechtlichen Institution unter dem Grundgesetz avancierte”.
Marking the 75th anniversary of the Federal Constitutional Court, the article traces the Court’s development from an institution whose position was initially far from settled to a defining constitutional and political institution of the Federal Republic of Germany. Walter highlights several key milestones in this development, including the early debate over the Court’s institutional status, the significance of the constitutional complaint, and the landmark jurisprudence beginning with the Elfes and Lüth decisions.
The article also turns to the challenges currently facing the Court’s strong institutional position, including the tension between constitutional adjudication and democratic majority rule, the Court’s relationship with the European Court of Justice, and the ongoing debate on constitutional resilience. In doing so, Walter considers the conditions under which the Federal Constitutional Court can maintain its distinctive position and authority in the future.
Mindeststandards für eine wehrhafte Landesverfassungsgerichtsbarkeit – Reformvorschläge auf der Basis eines interföderalen Vergleichs
The article “Mindeststandards für eine wehrhafte Landesverfassungsgerichtsbarkeit – Reformvorschläge auf der Basis eines interföderalen Vergleichs" by Prof. Dr. Christian Walter and Simon Fetscher has been published in the Jahrbuch des öffentlichen Rechts der Gegenwart.
With the reform of Articles 93 and 94 of the German Basic Law, the debate on the institutional resilience of the Federal Constitutional Court has reached a preliminary conclusion. Against this background, the article examines the resilience of Germany’s state constitutional courts.
Based on a comparison of all 16 state constitutional courts, the article analyses the existing legal frameworks and develops common minimum standards for resilient state constitutional adjudication. Particular attention is paid to the institutional status of the courts, their autonomy with regard to rules of procedure and budgetary matters, their composition, the procedures for electing their members and their terms of office, the continuation in office and removal of judges, as well as the binding effect and enforcement of constitutional court decisions.
The comprehensive comparative analysis reveals a considerable need for reform in numerous areas of state law. This applies in particular to the rules governing the removal of judges from office—an issue that has received surprisingly little attention in the debate on strengthening the resilience of the Federal Constitutional Court.
Prof. Christian Walter Elected Vice President of the DFG
Prof. Christian Walter has been elected Vice President of the German Research Foundation (DFG). At the DFG General Assembly, Walter was elected alongside Prof. Lutz Mädler, a process engineer, to join the Executive Committee of Germany’s largest research funding organization. Further information is available in the LMU press release.
Folgen und Durchsetzung von Entscheidungen des Bundesverfassungsgerichts
The article “Folgen und Durchsetzung von Entscheidungen” by Prof. Christian Walter was published in June 2026 in the commemorative volume “Verfassungsrechtspflege – Festschrift 75 Jahre Bundesverfassungsgericht”. The commemorative volume honors the 75th anniversary of the Federal Constitutional Court and highlights its role as a defining force in German constitutional life, as well as its influence on the development of the constitution. You can find this volume and the aforementioned article here.
Vorbild mit Nachbesserungsbedarf - Zum Entwurf der Justizsenatorin zur Stärkung des Berliner Verfassungsgerichtshof
On 19 February 2026, a German-language contribution by Christian Walter and Simon Fetscher was published on the Verfassungsblog, in which they contextualize the draft proposed by the Berlin Justice Senator aimed at strengthening the Constitutional Court. The article acknowledges the proposal as an important step toward safeguarding the court’s independence and functionality, but identifies a need for further improvements, particularly regarding the budgetary procedure, the absence of a substitute election mechanism, and the rules on removal from office.
Noch einmal nach Luxemburg - Warum das BAG dem EuGH das Verfahren Egenberger erneut vorlegen muss
On 28 January 2026, a German-language contribution by Christian Walter and Kathrin Tremml was published on the Verfassungsblog, in which they explain why the German Federal Labour Court (Bundesarbeitsgericht) should once again refer the Egenberger proceedings to the Court of Justice of the European Union. The article argues that the German Federal Constitutional Court (Bundesverfassungsgericht) has left key questions unresolved regarding the relationship between national fundamental rights, EU fundamental rights, and the right of churches to self-determination, and that these issues can only be clarified through a further referral to Luxembourg.
Archive
On 3 July 2025, Professor Walter took part in a discussion on the program “Forum” on SWR Kultur together with Andrea Beer, Andreas Schüller, and Dr. Katharina Stein. Under the title “Dirty Work in Times of War – How Damaged Is International Law?”, they discussed the strains placed on international law in light of ongoing wars and systematic violations of legal norms, as well as its continuing significance for a more just global order.