Following the departure of Brosius-Gersdorf, what are the subsequent moves?
German Coalition Struggles to Elect Federal Constitutional Court Judges Amid Political Polarization
The withdrawal of SPD candidate Frauke Brosius-Gersdorf from the Federal Constitutional Court judge election has left the German Bundestag in a deadlock, as they require a two-thirds majority to elect new judges. This requirement, combined with the political polarization and the far-right smear campaign against Brosius-Gersdorf, has made the usual behind-closed-doors consensus process challenging.
The right-wing smear campaign, which included AfD influence, led to Brosius-Gersdorf's withdrawal. Her resignation underscores the pressure exerted by right-wing forces on judicial appointments, a trend that is causing disruptions in previously routine processes and complicating the formation of stable coalitions and governance.
The coalition parties—Union (CDU/CSU), SPD, Greens, and Left—currently do not have enough seats combined to reach this majority without relying on votes from the AfD. This complicates the usual appointment process because the two-thirds majority is required by law to confirm Federal Constitutional Court judges—half are elected by the Bundesrat and half by a special Bundestag committee.
Efforts to forge a majority excluding the AfD have been challenging. The coalition parties lack sufficient seats to reach the required supermajority on their own, given the fragmentation after the 2025 election. The right-wing smear campaign and political polarization have heightened reluctance among some coalition members to compromise, especially on contentious nominees like Brosius-Gersdorf.
The coalition's governing parties have expressed intent to avoid any reliance on AfD votes to uphold democratic legitimacy and prevent empowering a party with far-right and partly fascist elements. However, this situation presents the coalition with a new problem: finding the necessary two-thirds majority in the Bundestag for the election of their candidates.
Brosius-Gersdorf did not receive an invitation to a faction meeting until the very end and did not want the "package deal" for the judges' election to be reopened. In her statement, distributed via her law firm, she expressed bitterness about the lack of substantive engagement from the Union faction and the organised disinformation campaigns against her.
The Union faction has rejected talks with the Left, whose votes might be needed to avoid relying on AfD votes. The Greens and Left are heavily criticizing Union faction leader Jens Spahn, with the Left-wing interior politician Clara Bünger criticizing his behaviour as damaging to the Federal Constitutional Court.
The Greens aim to ensure that the candidates nominated by the Union and the SPD, Günter Spinner and Ann-Katrin Kaufhold respectively, are elected to the Bundestag without the AfD's support. The Greens' verdict for Jens Spahn is "unsuitable". Brosius-Gersdorf, in her statement, expressed concerns about protecting the other two candidates and preventing the coalition dispute over the judges' election from escalating.
The Left also does not want an exchange of the candidates and demands that the coalition agrees on common candidates and holds talks about it. The Union and other factions aim to avoid relying on AfD votes for the election of their candidates. Brosius-Gersdorf rejects the plagiarism allegations.
This situation underscores an emerging challenge in German politics where right-wing forces disrupt previously routine judicial appointments, complicating the formation of stable coalitions and governance. The coalition parties are now focusing on finding a candidate consensus that can secure the required supermajority internally, avoiding any dependence on the AfD for legitimacy.
- The prolonged impasse in the election of Federal Constitutional Court judges, exacerbated by political polarization, is causing tension in policy-and-legislation, as the coalition parties grapple with finding a candidate consensus that can secure the necessary supermajority without relying on the far-right AfD.
- This political crisis, characterized by smear campaigns and disinformation, is shedding light on the impact of right-wing forces on judicial appointments and the complicated dynamics of coalition politics in Germany.
