Andreas Voßkuhle: “We need to listen to each other again”

Prof. Andreas Voßkuhle is Director of the Institute for Political Science and Philosophy of Law at the University of Freiburg. Now 61 years old, he served for a decade as President of the Federal Constitutional Court up until 2020. This made him the youngest person to hold this office in the court’s history. In our interview, the LMU alumnus explains how this came about, what could be improved in university education and research in Germany, and why he is concerned about our democracy.

What prompted a native of East Westphalia to move to Bayreuth to study in 1983?

Prof. Andreas Voßkuhle: Bayreuth was a young university back then and offered the option of studying economics on top of one’s law degree – that awakened my interest. At the time, the city was situated within the so-called Zonenrandgebiet, the 40-km belt of land on the West German side of the Iron Curtain, so we lived in a sort of diaspora. This produced a spirit of fellowship between students and professors. At the same time, there was a powerful sense of change in the air.

Your father was an administrative lawyer. Is that why you chose law?

My father loved his profession. An alternative for me would have been theater studies. I was very interested in literature and drama back then. But many theater directors at the time were lawyers, so I thought to myself, that’s something I can still pursue later. I was also interested in architecture, but architects were dirt-poor in those days.

How do you remember your student days? What was different then compared to now?

Munich was expensive even then, but you could earn good money on the side. I worked as an assistant at various libraries and at the Institute for Civil Law. Also, I delivered laundry and wrote movie reviews. I shared an apartment with other students. It was a poky little place but nice all the same. The courses back then weren’t as structured as they are today. And there was less awareness of the needs of students. So you had to be more proactive, which in turn meant greater independence and freedom in one’s studies. But what shouldn’t be underestimated is the competitive nature of our situation. There were always too many of us.

You obtained your doctorate at LMU in 1992 and then completed a habilitation degree in Augsburg. In the meantime, you were working as a legal intern at Kaufbeuren District Court and as a counsel at the Bavarian Ministry of the Interior. Did you develop a special relationship with Bavaria during this period?

I’ve always felt happy in Bavaria, and Munich is where I met my wife. I moved to Augsburg because my doctoral supervisor Peter Lerche retired. Otherwise, I’d probably have stayed at LMU. In fact, I planned to take up an appointment in a small Bavarian university town after my habilitation, but then everything turned out different [Voßkuhle laughs].

Since 1999, you’ve been Chair Professor of Public Law at the University of Freiburg, where you’ve also held the roles of dean and rector. In your view, are young people being prepared well for the future?

Voßkuhle: Everything used to be a bit freer, including the teaching formats. Famous law professors from the older generation – Peter Lerche, for instance, or Claus Roxin, who passed away this February – would just discuss a few cases in their lectures. It was a way of opening up a discussion, where students would learn how to think like lawyers. This way of doing things is no longer possible with the regimented schedules of today. Everything that is not relevant to exams takes place less and less often. I think this is a real pity.

You’re also a member of scientific organizations like the Max Planck Society and the German National Academy of Sciences. What’s the current research landscape like?

Voßkuhle: Research today is shaped by external funding culture. In the past, it was more important to write a brilliant essay. Young researchers are also increasingly subject to the demands of the attention economy. In other words, they have to make sure they’re visible. This leads to a situation where an interview on the evening news is more important than a foundational paper, on which one formerly might have worked for about a year. The differences have also become greater in relation to basic equipment. Today’s universities are chronically underfunded.

You served as President of the Federal Constitutional Court for a decade up until 2020. Was this something you had worked toward?

Voßkuhle: That was never my goal – nobody sets out to do that. You either get that position or you don’t. Very many factors have to coalesce, things outside your control. I’m very thankful to have been elected. It’s the greatest and most gratifying office for a constitutional lawyer to hold. After twelve years, however, your time is up and you cannot be re-elected. Then you have to turn your attention back to other things.

What was your experience of your time as president?

Voßkuhle: The court is a special institution and a model for many other constitutional courts around the world. We tried to bring the court and its workings closer to the public. The people want to know why they can trust the court. We also deepened our contacts with other European institutions and with courts in Europe and other parts of the world. Furthermore, there were many developments during my term in office, especially with regard to internal structures. As president, you also have to deal with many everyday questions, such as the renovation of the main building.

“I want to make a contribution to our democratic culture – that’s very important to me“

Since the end of your tenure at the court, you have been Chairman of “Gegen Vergessen – Für Demokratie,” an organization devoted to remembering the dictatorships of the past and promoting democracy. What are you trying to achieve there?

Voßkuhle: I want to make a contribution to our democratic culture – that’s very important to me. I could have joined a political party, but as a researcher and a judge, partisanship is not part of my makeup. So working for this organization suited me better. We confront the legacy of National Socialism and the socialist dictatorship in East Germany and promote democratic initiatives. Relying on the work of volunteers, we manage some 600 projects per year. That’s quite an accomplishment for such a small organization.

In recent times, certain people at home and abroad have called into question our commitment to democracy, and especially free speech, in Germany.

Voßkuhle: This is an interesting phenomenon. In Germany, there are few restrictions on what you can say. We’re a country with a strong body of case law protecting freedom of expression. Many people have the feeling, however, that they can no longer say things without running into opposition. They see this as a threat. And indeed, we have forgotten the art of engaging with the views of other people. Our willingness to listen to others has decreased. However, that’s got nothing to do with free speech, but with the political culture, democracy, and tolerance.

Does this concern you?

Voßkuhle: It’s enough to look at the United States, where the very people who go on about free speech are currently practicing a brutal form of cancel culture. They are using authoritarian techniques, intimidating people, removing images from archives, and altering school books. These are trends we recognize from authoritarian repressive regimes. At the same time, they claim they’re doing something for free speech. Behind this rallying cry, things are going on that we need to talk about. I hope that in Germany, we get back to talking to each other and embracing dialog.

What can universities do to further democracy?

Voßkuhle: Universities are key venues for discussion and debate. We need to ensure that the broadest possible range of opinions can be aired and that we don’t immediately fall into mutual suspicion. We need a climate of tolerance and debate to foster productive criticism. This is something I expect all heads of universities to support.

You also intervene in the political sphere. After the recent federal election, for example, you supported an initiative for cutting bureaucracy, which was designed to increase the state’s ability to act. What are your plans for the future?

Voßkuhle: Life has been very good to me thus far and I’m very grateful for the many opportunities which others today don’t have. This engenders a sense of obligation within me to give something back and do something for the common good. Everyone should volunteer within the limits of their capabilities – whether it’s homework tutoring or giving German lessons or helping out in food banks. After leaving the Federal Constitutional Court, I could have taken up a position on a supervisory board, but that wouldn’t have given me the chance to do something for the common good. In addition, I want to continue to advocate for German universities and do a lot more research – especially into questions of constitutional jurisdiction. This will allow me to combine my practical experience with theoretical research.

What is your advice to young people?

Voßkuhle: Two things: Firstly, there is no one formula for a good life. Everyone has to find their own way. And secondly, when you do something, do it wholeheartedly – and forget the rest. Going to lectures but not listening, for example, is a waste of time. But that’s just my observation – see Point 1 [Voßkuhle laughs].