The AfD has failed with a lawsuit to ban the controversial practice of advance information about judgments of the Federal Constitutional Court. On Friday, the Karlsruhe Administrative Court rejected the party’s requests to end the court’s exclusive cooperation with a Karlsruhe journalists’ association or – alternatively – to inform the party in future proceedings at the same time as the press about upcoming judgments.
Two years ago, the Tagesspiegel published this form of media work, which is unique in a German court. According to this, members of the “Justizpressekonferenz” (JPK), a private association of legal policy journalists, have the opportunity to pick up the press release and the text of an oral introductory statement by the Senate chairperson at the gate of the court on the day before a judgment is announced. You can use it to prepare for the pronouncement of the verdict and already write messages, but you may only disseminate them publicly after the pronouncement.
The AfD sees this as a violation of their right to a fair trial as a participant in processes before the Federal Constitutional Court. Since there are also many representatives of public broadcasters in the JPK, complaining party members would be questioned by journalists with superior knowledge in front of cameras after the often sensational trials, AfD trial representative Ulrich Vosgerau explained at the hearing on Thursday. The required blocking period does not prevent journalists from passing on the information, including to politicians. This makes AfD politicians appear stupid and ignorant.
The party failed two years ago with summary proceedings before the administrative court. The occasion was a verdict by the constitutional court on statements by the then Interior Minister Horst Seehofer (CSU) that the AfD was “state-destroying”.
The practice of informing a circle of journalists about judgments before the plaintiffs and defendants involved is apparently decades old, but was kept secret by all parties involved. The Federal Constitutional Court justifies itself with the fact that it has set out the relevant guidelines in response to press inquiries. In addition to the AfD, the left and the FDP have also expressed criticism of the procedure. The Press Council called for equal treatment of journalists, the German Journalists’ Association called the practice at the court strange and “out of date”.
