After Brosius-Gersdorf's withdrawal, what follows?
Germany's Coalition Government Seeks Consensus Candidate for Federal Constitutional Court
In a bid to avoid relying on votes from the far-right Alternative for Germany (AfD) party, the German coalition government is negotiating an intra-coalition compromise candidate for the Federal Constitutional Court. This move comes after the withdrawal of the SPD's original candidate, Professor Frauke Brosius-Gersdorf, whose liberal views on abortion and other issues provoked significant opposition within the CDU/CSU faction [1][2][3][5].
Frauke Brosius-Gersdorf's Withdrawal
Brosius-Gersdorf's withdrawal was primarily to prevent a breakdown of the CDU-SPD coalition, as her candidacy failed to secure the necessary two-thirds majority in the Bundestag without AfD support, given strong conservative objections within CDU/CSU [1][2][5]. The appointment of Federal Constitutional Court justices requires a two-thirds majority vote in the Bundestag, a high threshold that usually mandates cross-party support and a unified coalition vote, excluding the AfD [2].
CDU/CSU Internal Resistance
CDU/CSU parliamentary group leader Jens Spahn faced strong internal resistance due to Brosius-Gersdorf’s positions, weakening his standing; however, Chancellor Friedrich Merz emphasized trust that the coalition groups will find a satisfactory compromise for a replacement candidate [2][3]. The coalition must agree internally to propose a candidate acceptable across the centrist and conservative spectrum to secure the votes, explicitly excluding reliance on the AfD [2].
Avoiding AfD Influence
The coalition aims to avoid AfD influence in this constitutional appointment process, as the AfD's involvement is broadly rejected due to its far-right stance and political isolation. Similarly, pro-family and conservative groups welcomed Brosius-Gersdorf’s withdrawal for this reason [1][4].
The Path Forward
The government's plan is to pursue an intra-coalition compromise candidate able to command a two-thirds majority within the Bundestag's governing parties, circumventing AfD votes and internal CDU/CSU objections that led to the initial candidate’s withdrawal [1][2][3][5]. The Left party has expressed dissatisfaction with this approach and demands that the coalition agrees on common candidates and begins talks about it.
Meanwhile, parts of the Union faction had major reservations about the SPD's nomination of Frauke Brosius-Gersdorf, including her statements on abortion and possible vaccination obligations. The Union faction rejected talks with the Left, whose votes could be needed. Clara Bünger, a left-wing politician, stated that the Federal Constitutional Court was damaged by the behavior of the Union faction and Jens Spahn.
[1] Bundesregierung sucht Konsenskandidaten für den Bundesverfassungsgerichtshof [2] Frauke Brosius-Gersdorf: SPD-Kandidatin für den Bundesverfassungsgerichtshof zieht zurück [3] Frauke Brosius-Gersdorf: CDU-Führung kritisiert Kandidatin für Richterposten [4] Frauke Brosius-Gersdorf: CDU-Führung kritisiert Kandidatin für Richterposten [5] Frauke Brosius-Gersdorf: SPD-Kandidatin für den Bundesverfassungsgerichtshof zieht zurück
Due to the conservative opposition within the CDU/CSU faction to Frauke Brosius-Gersdorf's nomination for the Federal Constitutional Court, the coalition government is pursuing a compromise candidate that does not require the support of the far-right Alternative for Germany (AfD) party to secure a two-thirds majority in the Bundestag, as was the case with Brosius-Gersdorf [1][2][3][5]. As policy-and-legislation issues such as abortion and possible vaccination obligations contributed to CDU/CSU internal resistance and the Left party's dissatisfaction with the coalition's current approach, the German politics surrounding the Federal Constitutional Court appointment present a complex and contentious general-news matter [1][4].