Criticism of the Merz government is intensifying, and it is now coming from the highest court. In an interview with Welt am Sonntag, former President of the Federal Constitutional Court, Hans-Jürgen Papier, accuses the federal government of shortcomings in its governance. He even speaks of “a refusal to govern.” The criticism stems from key decisions made under Chancellor Friedrich Merz, who has been in office for just over a year. According to polls, he is already less popular than his predecessor, Olaf Scholz. Papier sees risks in fiscal policy, the welfare state, the handling of freedom of expression, and the practice of outsourcing political decisions to commissions. Therefore, his criticism is not directed at a single issue, but at the government’s overall course. (welt: 13.04.26)
Government Governance, Debt Policy, and Special Funds
Papier considers the expanded possibilities for government debt particularly dangerous. While the necessary amendment to the Basic Law was formally lawful, he is significantly more critical of its content. He believes the 500 billion euro special fund is especially legally vulnerable because, in his view, the rules governing its use are not clearly defined.
His objection is directed at the specific implementation. In his view, precise boundaries are lacking, and this could lead to new conflicts. Papier states verbatim that “the founding law does not sufficiently clarify the constitutional requirements to prevent any potential trickery.” With this, he directly attacks the government’s debt policy, while for him the question of governance remains closely linked to legal clarity and political accountability.
Criticism of the Welfare State and the “Creeping Disenfranchisement of Citizens”
Beyond fiscal policy, the former constitutional judge calls for fundamental changes to the welfare state. In his view, it is not enough to simply adjust individual benefits; rather, a fundamental review of all tax-funded benefits is needed. Papier puts this unusually sharply, stating: “In my opinion, every tax-funded social benefit should be examined not only in terms of its amount, but also its very basis.” At the same time, he criticizes the government for failing to establish a clear strategy for this.
Furthermore, Papier warns of a creeping shift in the relationship between the state and its citizens. He speaks of a “creeping disenfranchisement of citizens” and criticizes what he sees as a dangerous narrowing of the spectrum of public opinion. His comment on the debate surrounding a potential ban on the AfD (Alternative for Germany) is particularly explosive. In this context, he believes the Federal Office for the Protection of the Constitution (Germany’s domestic intelligence agency) is on the “wrong track.” He also attacks the practice of constantly establishing new bodies. In his view, the problem is not a lack of knowledge, but rather a lack of political implementation. His verdict is therefore harsh: “This is a failure of governance.”