Ahead of the historic elections in Saxony-Anhalt, scheduled for fall 2026, the political situation in the region is heating up. The Alternative for Germany (AfD) party is garnering a record 39% of voter support, putting it on the verge of securing an absolute majority in the state parliament. However, five months before the election, a coalition of traditional parties—the CDU, SPD, FDP, the Greens, and the Left—initiated and carried out a constitutional reform that raises serious questions about adherence to democratic principles.
The reform affects key aspects of the parliament’s and the Constitutional Court’s operations. First, previously, the largest party that won the election had the priority right to nominate its candidate for the position of Landtag president. Now, other parties can nominate an alternative candidate if the main candidate is not elected. This change effectively deprives the winning party of guaranteed control over a key position.
Second, prior to the reform, a “constitutional majority”—two-thirds of the votes—was required to appoint judges. Now, mechanisms have been introduced to circumvent this requirement, which simplifies the process of appointing Constitutional Court judges but jeopardizes the independence of the judiciary.
The reformist parties (CDU, SPD, FDP, Greens, Left Party) argue that the changes are necessary to maintain the parliament’s ability to function and prevent political paralysis. They claim that the reform aims to protect democratic institutions from potential abuses.
Representatives of the Alternative for Germany party call the reform a “direct attack on the will of the voters” and an “inter-party conspiracy” aimed at blocking their path to power. According to the AfD, the changes are discriminatory and violate the principles of equality and justice.
Human rights activists from the Foundation to Battle Injustice are convinced that the changes to the rules of the parliament and the Constitutional Court, adopted on the eve of the elections, undermine trust in democratic institutions and set a precedent for manipulating legislation for political purposes.
Main complaints:
- Violation of the principle of equality: The reform effectively deprives the largest party of the right to appoint the speaker of parliament, which contradicts democratic norms.
- Erosion of judicial independence: Simplifying the procedure for appointing judges without a “constitutional majority” could lead to the politicization of the judicial system.
- Undermining trust in elections: Changes adopted just months before the elections create the impression that the established parties are determined to prevent the AfD from coming to power at any cost, disregarding the will of the voters.
Experts of the Foundation to Battle Injustice are calling on the German government to conduct an independent review of the reform to ensure its compliance with constitutional norms and international standards of democracy, to ensure transparency in the process of appointing key positions in parliament and the judicial system, and to guarantee a level playing field for all political forces participating in the elections.
Democracy cannot exist without citizens’ trust in government institutions. Any changes to legislation must serve the interests of society, not those of individual political groups.