Defendant justifies own qualifications during court hearing
In a surprising turn of events, the election of Professor Frauke Brosius-Gersdorf, the nominee for the Federal Constitutional Court, has been postponed due to a combination of political disagreements and allegations of plagiarism.
Brosius-Gersdorf, a renowned legal scholar and professor of public law at the University of Potsdam, was nominated by the SPD faction in the Bundestag in 2025. Her qualifications, including her approval from the Bundestag’s Judicial Election Committee, initially seemed to assure her election. However, conservative opposition, particularly from the Union (CDU/CSU) parliamentary fraction, has been a central factor in the controversy.
The CDU/CSU's objections stem from Brosius-Gersdorf's progressive political views on social issues, such as her support for compulsory COVID-19 vaccinations and her stance on abortion, which some view as divisive. These concerns were compounded by last-minute allegations of plagiarism, which led to the CDU/CSU parliamentary group withdrawing their support for her election at the last minute, preventing her from achieving the required two-thirds majority.
The SPD has expressed disappointment and called for dialogue with the Union, while the Greens are demanding a special session of the Bundestag as early as this week. The Union, however, does not seem to be changing its position, with faction leader Jens Spahn admitting that the Union underestimated the concerns about one of the candidates.
Brosius-Gersdorf has clarified that she does not support legalizing and decriminalizing abortion until birth, and she has criticized parts of the media for inaccurate, incomplete, unspecific, and opaque reporting. She has also indicated that her positions on headscarf bans and parity models for the election of the Bundestag were misreported.
The Union has been silent on the current situation, but several MPs have publicly described Brosius-Gersdorf as unsuitable and unelectable. Criticism, Brosius-Gersdorf claims, should also be directed at "individual state officials." Other Union MPs were quoted anonymously as saying that Brosius-Gersdorf is an ultra-left jurist.
In the coming weeks, Federal Chancellor Friedrich Merz is expected to discuss the further procedure. The election could initially be postponed until the Bundestag's return from the parliamentary summer break, with September being the earliest possible date. A joint, majority-supported candidate package may require fewer mutual accusations and more respect for the Federal Constitutional Court, the candidates, and the decision of the MPs.
This controversy has raised concerns about parliamentary norms and the credibility of the Federal Constitutional Court. The resolution of this issue will be closely watched by politicians and the public alike.
- The controversy surrounding the postponement of Professor Frauke Brosius-Gersdorf's election to the Federal Constitutional Court involves policy-and-legislation, as the Union (CDU/CSU) parliamentary fraction has objected to her progressive views on social issues, such as compulsory COVID-19 vaccinations and her stance on abortion.
- This political disagreement, compounded by allegations of plagiarism, has led to the general-news of Professor Brosius-Gersdorf's election being closely watched by politicians and the public alike, raising concerns about parliamentary norms and the credibility of the Federal Constitutional Court.
