Französische Sichtweisen auf das Bundesverfassungsgericht

As the German Federal Constitutional Court (Bundesverfassungsgericht) approaches its 75th anniversary its prestige and influence are considered incomparable in Europe, including France. Looking at how it is perceived »from France« invites us to explore this perspective in more depth from several angles. The »views« from France are varied and can include a number of different perspectives, from the academic world of law – which is itself diverse – from the media – the medium through which the Court is perceived by a wider public – as well as from stakeholders in French politics and courts – which provides an »insider's view« of the players who see themselves as partners of the German Court. The foreign legal perspective on the Court also needs to be developed further, at least in two areas. Firstly, the comparative Franco-German approach is interesting in that it enables us to compare the German Federal Constitutional Court and the Constitutional Council (Conseil constitutionnel): these are two very different institutions, born in different contexts, with different purposes and which have developed within the framework of different legal cultures. This results in differences regarding the? composition, structures, 'styles', competences, relations with other players in the constitutional order, case law, inter alia. In this context, considering the French perception of the German Federal Constitutional Court includes reflections on the source of inspiration or, conversely, the contrast that this German institution may represent for French observers and players. Secondly, the comparative European direction tends to place the discussion within the 'European network of constitutional courts' (Europäischer Verfassungsgerichtsverbund): in this framework, the role of the German Federal Constitutional Court is undoubtedly considered to be fundamental, in France too. The perspectives are nonetheless contrasting, both approving (particularly of its role in protecting fundamental rights) and critical (as illustrated by the comments on the PSPP ruling of 5 May 2020). For the French legal players interviewed, particularly the members of the French Council, the German Court is also seen as a partner, with whom the development of relations is particularly vital in these times of crisis for the rule of law.