Confidence in Spahn following Judicial Election Decision
The appointment of constitutional judge Frauke Brosius-Gersdorf to the Federal Constitutional Court (BVerfG) has failed, marking the most serious crisis in the coalition between the SPD (Social Democrats) and the Union parties (CDU/CSU) to date. The failure to elect Brosius-Gersdorf and two other justices has prolonged uncertainty and intensified tensions within the ruling alliance.
The breakdown of Brosius-Gersdorf's appointment arose from the Bundestag's inability to secure the required two-thirds majority to elect her, despite her nomination being approved by the parliamentary judicial selection committee. The main opposition came from the CDU/CSU faction, which objected strongly to Brosius-Gersdorf's liberal stance on abortion law, a key contentious point fueled by conservative and Catholic criticism.
Despite efforts by CDU/CSU leaders, including parliamentary leader Jens Spahn and Chancellor Friedrich Merz, to rally support, internal resistance persisted within the CDU/CSU. This resistance was amplified by far-right mobilization, which coordinated petitions, protest letters, and paid advertisements to block her candidacy.
The rejection of Brosius-Gersdorf was not unanimous among CDU/CSU MPs, and the behaviour of the coalition partner is a point of contention for SPD leader Barbara Bas. In a summer interview with ARD's "Report from Berlin," Bas expressed concerns about scars left within her faction and party, and saw a need for dialogue with the Union, despite the withdrawal of Brosius-Gersdorf's candidacy.
The SPD also believes there was a disinformation campaign behind the rejection of Brosius-Gersdorf, including in social media. Chancellor Merz condemned the backlash against Brosius-Gersdorf as unacceptable and tried to mitigate the ensuing coalition crisis. Brosius-Gersdorf herself hinted at withdrawing if her candidacy risked damaging the court or the political balance.
Trust in Union's parliamentary group leader, Jens Spahn, has been damaged by the events, as Spahn could no longer guarantee the previously agreed support from the Union for SPD's candidate, Brosius-Gersdorf. The SPD cannot simply move on due to the failed election of three constitutional judges in the Bundestag.
The issues of the failed appointment of constitutional judges and the behaviour of the coalition partner are not trivial matters for SPD leader Barbara Bas. The dispute has sparked debate about the politicization of the BVerfG appointment process, with a growing public and scholarly backlash against the campaign against Brosius-Gersdorf.
In summary, the background involves ideological opposition within the Union parties focused on abortion law, amplified by far-right mobilization, which led to a historic failure in the normally routine court appointment process. The impact has been a sharp strain on the SPD-Union coalition, threatening internal leadership positions and fueling broader concerns about judicial politicization in Germany.
- The failed appointment of constitutional judge Frauke Brosius-Gersdorf has ignited a debate about the politicization of the policy-and-legislation surrounding the Federal Constitutional Court, with a growing public and scholarly backlash against the campaign against her.
- The crisis within the SPD-Union coalition, triggered by the politics surrounding Brosius-Gersdorf's appointment, has resulted in broader concerns about judicial politicization in general-news, threatening internal leadership positions and potentially damaging the political balance.
