Disagreement concerningjudge selection: Bilger acknowledges errors and assigns accountability to SPD
Political Crisis Deepens Over Controversial Federal Constitutional Court Judge Nomination
A significant political conflict is unfolding in Germany, centering on the nomination of Frauke Brosius-Gersdorf for a position at the Federal Constitutional Court (BVerfG). The vote to confirm three judges, including Brosius-Gersdorf, was postponed in July 2025 after she failed to secure the required two-thirds majority in the Bundestag, marking an unusual and serious crisis within the governing coalition.
The SPD's nominee has faced strong opposition from the conservative Union faction due to her liberal views, especially on abortion rights and gender equality, and her support for compulsory COVID-19 vaccinations and banning the far-right AfD party. A coordinated right-wing media and social media campaign portraying her as “ultra-left” and accusing her of plagiarism has intensified the backlash.
The SPD has accused the CDU/CSU of breaking an agreement to support all nominees approved by the parliamentary committee. Chancellor Friedrich Merz publicly condemned the attacks against Brosius-Gersdorf as unfair and unacceptable, while the Left party's involvement in the dispute remains less explicit.
The appointment process requires a two-thirds majority in the Bundestag (and Bundesrat for alternating judges) and typically is a formality, so this failure signals growing politicization and tensions regarding the court’s independence and role. Catholic groups and conservative social actors have also opposed Brosius-Gersdorf’s nomination due to her abortion stance, adding societal and political pressure to the controversy.
The coalition is still grappling with internal resistance, with Steffen Bilger, the First Parliamentary Business Manager of the Union faction, admitting mistakes in handling the Brosius-Gersdorf case. He emphasized the importance of building on the successful first weeks of the black-red cooperation in the fall. However, Ines Schwerdtner, the Left party chair, has claimed a right to propose a candidate for the vacant position at the Federal Constitutional Court.
The dispute has strained the coalition, with Steffen Bilger stating that the SPD made a polarizing proposal in the Brosius-Gersdorf case. Chancellor Merz has publicly condemned the attacks against Brosius-Gersdorf as unfair and unacceptable, calling some criticism biased and defamatory. Meanwhile, Schwerdtner criticizes the coalition for failing to keep their faction in line, particularly in the failed election of the constitutional judge.
The coalition is currently in a "good exchange" with the SPD faction to find a solution for the Brosius-Gersdorf case, but no new vote has taken place since the postponement. The dispute has sparked broader debate about the politicization of appointments to Germany’s highest court, which is traditionally regarded as an independent "fifth organ" of the state. The appointment process is set to resume in the autumn of 2025.
Schwerdtner has described the withdrawal of the candidate as a "resounding slap in the face" for the coalition, comparing the current situation to an "embarrassing theater piece." She does not rule out the possibility of the Union accepting AfD votes for a political project and suggests that the black-red coalition may move towards the Left due to the need for their votes in the election.
The Brosius-Gersdorf case is a test for the coalition's ability to navigate political differences and maintain stability in the face of growing opposition. As the autumn appointment process approaches, the outcome remains uncertain, but the consequences for the coalition and the German political landscape could be significant.
- The controversial nomination of Frauke Brosius-Gersdorf for the Federal Constitutional Court has sparked a heated political debate, aligning with the broader category of policy-and-legislation.
- The ongoing political crisis over the Brosius-Gersdorf nomination extends to general-news, as this controversy sheds light on the politicization of appointments to Germany's highest court and its potential impact on the coalition and the political landscape.
