Helps Karlsruhe support the alliance?
The deadlock in the appointment of judges to Germany's Federal Constitutional Court remains unresolved, three weeks after the failed appointment in the Bundestag. This has led to a stalemate in filling three vacant positions, with no new solution approach in sight.
The process of electing judges for the Federal Constitutional Court is a delicate balance between political input and judicial independence. Candidates for the Court are proposed by a parliamentary committee, with a two-thirds majority, and then confirmed by the Bundestag or Bundesrat with a similar majority. This process is conducted without public hearings and by secret ballot.
In the event that the Bundestag fails to make a decision within three months, the Federal Constitutional Court has the power to directly appoint the judges to ensure the Court is fully staffed. This provision was put to use a few months ago, after a stalemate due to disagreements between political parties.
However, the current impasse seems to be more complex. The SPD wants to stick to Brosius-Gersdorf, but the Union leadership cannot guarantee her election due to resistance from dozens of MPs. No new candidate has been proposed since the blocking of the judicial package.
Alexander Hoffmann, CSU parliamentary group leader, has expressed a preference for solving the dispute within the Bundestag first. However, a compromise between the Union and the SPD seems elusive. The oldest member of the election committee, Stefan Korbach, must ask the Federal Constitutional Court to make its own proposal for the position in dispute, if no decision is made by the Bundestag two months after the end of June.
The constitutional judges have agreed on three names for the succession, with Günter Spinner being unanimously placed at the top. Alongside Brosius-Gersdorf and the constitutional law expert Ann-Katrin Kaufhold, Spinner is now one of the three candidates who were originally to be elected in the Bundestag on July 11th. The first session after the summer break is scheduled for September 10th, and it remains to be seen if a resolution will be reached then.
It is important to note that the proposals from the Federal Constitutional Court are non-binding and serve as a collection of ideas. The right of the election body to elect someone not proposed by the Federal Constitutional Court remains unaffected. The Federal Constitutional Court has not provided a timeframe for its proposals if asked to do so.
The deadlock in the Federal Constitutional Court is a significant issue, as it threatens the Court's ability to function effectively. It is hoped that a resolution will be found soon, to ensure the Court can continue to uphold the rule of law and protect the rights of German citizens.
[1] Source: Federal Constitutional Court of Germany website and German legal literature.
- The current stalemate over the appointment of judges to Germany's Federal Constitutional Court, caused by political disagreements within the Bundestag, reveals the delicate balance between policy-and-legislation and politics surrounding the election process of judges.
- The deadlock in the Federal Constitutional Court, as a result of the lack of a resolution to the impasse over judge appointments, positions general-news as a crucial platform for reporting on the potential impact on the German political landscape and the upholding of its rule of law.
