Köhler Under Fire

In Germany, the role of president is a largely ceremonial one. The head of state is usually the first to meet visiting dignitaries, open important events and institutions, and represent the country abroad as Germany's top diplomat. In the past, the president has quietly gone about his business, letting the government and courts thrash out policy and law.

The German president is by tradition a unifying presence and usually takes great care to steer clear of day to day politics. The politicians have always preferred things to be this way, which is why many are becoming increasingly irritated by the current holder of office, President Horst Köhler.

Köhler has been making the most of the limited political clout he does have by ruffling feathers. The president, not content to take a back seat, has become increasingly vocal in his criticizing of political decisions made by the current coalition government which has many politicians feeling he is overstepping the mark.

Used to less high-profile presidents like Köhler's late predecessor, Johannes Rau, who did not always agree with the government but let the Federal Constitutional Court fight his public battles for him, the current German government has taken great exception to Köhler's desire to get more involved in the running of the country.

Köhler has taken the unprecedented step of refusing to sign a second law passed by the Bundestag. His refusal to sign a consumer information law on the grounds that it would impose obligations on local governments that he believes to be unconstitutional follows on from his rejection in October of a law allowing the partial privatization of Germany's air traffic control system.

There are even suspicions that Köhler may use his veto again when it comes to passing Hartz IV labor law reforms later this week.

Köhler accused of infringing on court's power

There have been presidents in the past who have stopped one law, but until now nobody had done it twice. During the previous presidency, Rau would sign off on a law even if he disagreed with it, knowing that the Federal Constitutional Court would have the final say in denying the passing of the law. Köhler is now being accused of taking on a role which belongs to the court and not to the German president.

The criticism of Köhler's intervention in daily politics has been so harsh that government spokesman Thomas Steg recently called for a moderation in tone.

"The president is well aware of his duties and responsibilities," Steg said. "Public assignations are to be stopped with due respect to the highest authority in the German state."

The harshest attacks have come from the conservatives, the party that the president belonged to before he was elected by the Federal Assembly in 2004. However, Chancellor Angela Merkel, who has often professed a mutual respect and esteem between herself and the president, has so far refused to join the debate. It is understood though that Merkel intends to bring up the topic of Köhler's interventions with the president during a scheduled meeting before Christmas.

Expert says president is acting constitutionally

But criticism has also come from the Social Democrats, whose parliamentary leader, Peter Struck, said the president cannot be the ultimate voice of power within the juridical system. SPD parliamentarian Olaf Scholz added that there was one power that should decide on Germany's laws and that was the constitutional court.

Professor Jürgen Falter, an expert on the German political system, told Deutsche Welle that he though this criticism of Köhler was unjustified.

"I think (Köhler's) constitutional position is very sound," he said. "The president is sworn in on an oath of loyalty to the German constitution and this gives him the duty to stop any law which is unconstitutional according to his view.

"Of course he could pass laws and let the constitutional court decide on its future," Falter added. "But on the other hand, I think he would be wrong if he didn't stop a law if he was really convinced that it is unconstitutional."

Media speculation over Köhler's future

Such is the increasing criticism that some sections of the German media are already suggesting that Köhler's re-election in two and a half years might be in jeopardy. However, Professor Falter was not convinced that Köhler's chances for a second term are in any real danger.

"It could happen but then you would have to find another candidate and a very convincing one that is backed by the CDU," Falter said. "I think (the conservatives) wouldn't let him down. I don't think his candidacy is in danger at the moment."