Faint-hearted judges

It's a small success, anyway: Until recently, the government had only informed parliament once per year of the approved weapons deals of the year prior. The current government of Christian Democrats and Social Democrats reports on those weapons agreements every six months - and, in the future, will be informing parliament in a more timely manner.

After today's decision by the Federal Constitutional Court, the government must be ready to give members of parliament the information at any time - but only upon request and only about completed transactions. The government also does not need to explain why a deal has been approved or denied.

The negotiation phase - the period when possible arms exports are being discussed - remains strictly confidential.

With this decision, the highest German court has simply required the government to do what it had already been planning.

Transparency or secrecy?

In this judgment, the justices in Karlsruhe, the seat of the constitutional court, have abandoned the courage they have shown in previous decisions.

If the question arises about whether to supply Leopard tanks to a crisis area or to a country that commits serious human rights violations, German parliamentarians must be allowed to participate in the discussion. It is not enough to inform them after the fact.

The key phrase here is the right to information for members of parliament. And it was exactly that right which the Constitutional Court recently upheld in a number of decisions, whether it was parliamentary participation in euro bailout fund or the question of extending the right of inquiry for Bundestag committees. In all these cases, the court sided with the parliamentarians.

Highly sensitive decisions

Why should they now, on a matter of life and death, no longer apply the same justice? And on arms exports, of all things, upon which the authors of the constitution, on the basis of the historical experience of the Second World War, placed heavy restrictions of their own?

Is this not part of parliament's oft-cited oversight? Just a reminder: the arms trade is not a niche business. Germany, after all, is currently the third largest arms exporter in the world.

Deciding whether weapons of war are to be exported is a highly sensitive issue. It has many implications - not only economic, but also political, historical and moral. To make these decisions secretly in back rooms is contrary to all principles of parliamentary democracy.