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Candidat for German Constitutional Court withdraws following disagreement with government

German judge, Frauke Brosius-Gersdorf, withdraws her nomination for a seat on the country's top court, following internal disputes within the ruling coalition, disrupting her election process.

Contender for German Constitutional Court position withdraws following dispute with government
Contender for German Constitutional Court position withdraws following dispute with government

Candidat for German Constitutional Court withdraws following disagreement with government

In a significant turn of events, the first major internal conflict within the coalition government of Chancellor Friedrich Merz has arisen from the controversial nomination of Frauke Brosius-Gersdorf as a judge to Germany's Federal Constitutional Court.

Brosius-Gersdorf, a renowned constitutional law professor, announced on Thursday that she was "no longer available as a candidate". Her withdrawal comes after a heated right-wing smear campaign that labelled her as extremist, particularly targeting her academic work on abortion rights and COVID-19 vaccination policies.

The far-right Alternative für Deutschland (AfD) party, along with right-wing media and some members of the CDU/CSU, strongly opposed Brosius-Gersdorf. This opposition influenced the CDU/CSU parliamentary group's eventual rejection of her nomination, despite earlier cross-party support.

The situation has raised concerns among democrats about the esteemed lawyer and expert feeling compelled to withdraw her candidacy. Brosius-Gersdorf expressed concern that her persistence in the candidacy could unravel the whole process, potentially endangering the other two candidates.

The SPD publicly criticized the CDU/CSU for withdrawing support and breaking coalition trust, highlighting concerns about loyalty and democratic cooperation within the alliance. Tim Kluessendorf, SPD general-secretary, described the situation as a bad day for political culture in Germany, stating that Brosius-Gersdorf did not receive the backing she deserved from the CDU/CSU.

The Federal Constitutional Court holds significant power in Germany, including the authority to declare Bundestag legislation unconstitutional and regulate federal disputes. The smear campaign influencing the election of judges to this court marks a notable shift toward heightened politicization and the far right's influence on judicial appointments.

The election of these judges was postponed after the failure to reach consensus, reflecting the coalition's internal strains and the contentious climate surrounding legal and social issues like abortion and vaccination. The nominations of the two other candidates have been on ice since the aborted vote last month.

Kluessendorf's statement suggests a division within the coalition, with the CDU/CSU being criticized for not supporting Brosius-Gersdorf. The unseemly public spat over Brosius-Gersdorf's candidacy was one of the first big rows within Merz's coalition. Brosius-Gersdorf's statement indicates that the aborted vote last month also involved the nomination of the two other candidates to the Constitutional Court.

Brosius-Gersdorf's statement was made to the Rheinische Post newspaper. She stated that much of the criticism against her was "defamatory and detached from reality". The proposal for her nomination was made by the center-left Social Democrats.

This incident exposes sharp divisions within the governing coalition formed by the Christian Democratic Union (CDU), its Bavarian sister party the Christian Social Union (CSU), and the Social Democratic Party (SPD). The far-right AfD's effective role in shaping government policy became apparent, as they impacted not only this judicial nomination but also the broader political agenda.

  1. The heated internal conflict within the coalition government of Chancellor Friedrich Merz, originating from the controversial nomination of Frauke Brosius-Gersdorf for Germany's Federal Constitutional Court, has highlighted concerns about policy-and-legislation and the influence of politics on the judicial appointments process.
  2. The controversial nomination of Frauke Brosius-Gersdorf and the subsequent internal conflict within the coalition government have demonstrated the far-right AfD's impact on the broader political agenda, stretching beyond general-news topics like this particular judicial nomination.

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