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Judge appointments seek renewed process, as advocated by Woidke

Postponement of Constitutional Court candidate elections in the Bundestag due to controversy surrounding jurist Brosius-Gersdorf from Potsdam

Judge appointments to undergo fresh selection process proposed by Woidke
Judge appointments to undergo fresh selection process proposed by Woidke

Judge appointments seek renewed process, as advocated by Woidke

The election proceedings for three judges at Germany's Federal Constitutional Court have hit a roadblock, primarily due to a dispute over a candidate nominated by the Social Democratic Party (SPD), Frauke Brosius-Gersdorf. The conservative CDU/CSU bloc has raised plagiarism allegations related to her 1997 doctoral dissertation, along with objections to her progressive views on abortion and support for compulsory COVID-19 vaccinations [1][3][4].

This standoff has led to the Bundestag cancelling the planned vote for all three judges [1][3]. The CDU/CSU's insistence on delaying Brosius-Gersdorf's appointment has sparked anger among the SPD, the Greens, and other parties who view this as a potential threat to the court’s credibility. The CDU/CSU is relying on opposition support to reach the required two-thirds majority in the Bundestag, making consensus difficult [1][3].

In response to the deadlock and stalled proceedings, Dietmar Woidke, Minister-President of Brandenburg and a member of the SPD, has proposed resolving the impasse by initiating a renewed discussion in the Bundestag to find a consensus candidate acceptable to all parties. Woidke emphasizes the importance of restoring the court’s authority and avoiding further political polarization around the nomination process [4].

Amidst the dispute, the SPD has proposed constitutional law expert Ann-Katrin Kaufhold as an alternative candidate to Brosius-Gersdorf [1]. The Union, on the other hand, has nominated federal labor court judge Günther Spinner as an alternative candidate [2]. Woidke proposes involving the Left Party and Greens in the dispute over the appointment of the judges, while excluding the AfD [3].

Brandenburg's Minister President Dietmar Woidke suggests a fresh start to the dispute over the appointment of the three posts at the Federal Constitutional Court, aiming to secure a two-thirds majority for the appointment of judges [3]. Woidke believes the previous approach does not reflect well on the federal coalition [5]. He suggests that all candidates withdraw and the procedure be completely reset by the factions in the German Bundestag [6].

Since 2021, Brosius-Gersdorf has held the chair for Public Law, with a focus on Constitutional and Social Law, at the University of Potsdam [7]. The CSU parliamentary group leader Alexander Hoffmann had previously suggested drafting a new judicial package, which met with resistance from the SPD and Greens [8].

The election of the three judges for the Federal Constitutional Court was unexpectedly removed from the Bundestag's agenda on July 11 due to resistance within the Union faction against Brosius-Gersdorf [1][9]. The removal was a surprising turn of events, as the SPD and Union had previously proposed their respective candidates for the vacant positions at the Federal Constitutional Court [10].

In summary, the election of the three judges has been stalled due to plagiarism allegations and ideological disagreements relating to Brosius-Gersdorf, prompting calls—including from Dietmar Woidke—to resolve the conflict through renewed cross-party dialogue and consensus-building [1][3][4].

  1. The dispute over Frauke Brosius-Gersdorf's nomination for the Federal Constitutional Court has escalated into a political issue, involving policy-and-legislation as the Bundestag and parties grapple with ideological disagreements and plagiarism allegations.
  2. The standoff around the appointment of the three judges at the Federal Constitutional Court has become a topic of general-news interest, with Dietmar Woidke proposing a renewed cross-party dialogue to find a consensus candidate and restore the court’s authority, indicating the need for political compromise in the process.

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