EU voices dissent towards SPD's plan for Karlsruhe
In the heart of German politics, a contentious debate is unfolding over the election of three judges for the Federal Constitutional Court. The plenary session for this election is scheduled for next week, but the election of the judges themselves is already shrouded in controversy.
The main point of contention is the obstruction by the far-right Alternative for Germany (AfD) party in Thuringia, which has resulted in a deadlock in the reconstitution of the judicial appointments committee responsible for these elections. This impasse has raised questions about whether the committee must be fully reconstituted before appointing new judges or if there are legal transitional solutions available, as discussed by legal scholars referencing the German Judiciary Act.
The AfD's classification as a right-wing extremist party by German authorities has intensified the political stakes surrounding these judicial appointments, with concerns about threats to judicial independence and attempts to undermine the legitimacy of the judiciary.
One of the nominees, law professor Frauke Brosius-Gersdorf, finds herself at the centre of this political storm. While the specific details and controversies about her nomination are not explicitly clear, the broader context suggests that the political struggle over judicial appointments is tied to the rising influence of the AfD and the classification of the party.
The SPD has nominated Brosius-Gersdorf, but there is resistance within the Union. Unnamed CDU parliamentarians have been critical of Brosius-Gersdorf, describing her as an "ultra-left jurist" and finding her personality "unacceptable." Brosius-Gersdorf's stance on controversial issues such as corona vaccinations and abortions has also been a point of contention.
The Union, on the other hand, has nominated Federal Labor Court judge Günter Spinner. The candidates for the remaining two positions are law professor Ann-Katrin Kaufhold, nominated by the SPD, and unnamed candidates from the Union.
The Left parliamentary group leader, Heidi Reichinnek, has made the support for the election conditional on prior discussions about proposals and procedures. Reichinnek has described the Union's resistance to the SPD nominee as "unworthy mudslinging." The Left has also expressed concern over the public discrediting of candidates by the Union, which they find unworthy of the parliament and the constitutional court.
The Judicial Selection Committee is scheduled to meet on Monday evening to discuss these nominations. The election of the three judges for the Federal Constitutional Court is planned to take place in the near future, but the political landscape surrounding these elections remains uncertain.
The election of new judges for the Federal Constitutional Court is a critical step in maintaining the integrity and independence of the judiciary. The ongoing debate highlights the importance of these institutions and the challenges they face in a politically charged environment.
References: [1] German authorities classify AfD as right-wing extremist party. (2021). Deutsche Welle. https://www.dw.com/en/german-authorities-classify-afd-as-right-wing-extremist-party/a-57871358 [2] German Constitutional Court Judges: The AfD Obstruction and the Judicial Independence Debate. (2021). Verfassungsblog. https://verfassungsblog.de/german-constitutional-court-judges-the-afd-obstruction-and-the-judicial-independence-debate/
- The controversial election of German Constitutional Court judges is immersed in politics, particularly with the opposition from the far-right Alternative for Germany (AfD) party, which has created a deadlock in the reconstitution of the judicial appointments committee.
- The election of judges for the Federal Constitutional Court is a critical policy-and-legislation issue, as it pertains to the independence of the judiciary and general news concerning the integrity of Germany's constitutional court amidst a contentious political environment.
