Yesterday, the court ruled (entirely in line with everything the have said over the last five decades or so) that parts of the agreement are indeed unconstitutional, because there are too many representatives of the state on the boards: According to the court’s count, about 44 per cent of the members fall into that category. In an not uncommon display of judicial inspiration, they decided that 44 per cent was certainly too much, whereas one third would be ok, and that the federal states will have to modify the agreement accordingly. That leaves the tiny problem that almost anyone representing one of the societal groups (churches, unions, associations of employers) is at least close to a political party and at any rate part of Germany’s corporatist system of interest mediation.
And moreover, there is the AM moment: Yesterday’s ruling was brought about by two state governments. Kurt Beck, the original plaintiff, was very happy yesterday. He may have retired as minister president, but he still hangs on as chair of the board. That is not ironic in the conventional sense of saying the opposite of what you mean, but … here is a gratuitous bonus video.