SPD maintains Brosius-Gersdorf as their constitutional judge, as reported by Klingbeil. - SPD retains Brosius-Gersdorf as their choice for the Constitutional Court Judgeship, as stated by Klingbeil.
In a surprising turn of events, the election of Frauke Brosius-Gersdorf, a nominee for a judgeship at the Federal Constitutional Court, has been postponed following the withdrawal of support from the CDU/CSU parliamentary group. This move, which occurred last Friday, has overshadowed the passing of significant reform packages in the Bundesrat.
Brosius-Gersdorf, who was previously described as a "suitable and professional expert" by SPD leader Lars Klingbeil, was nominated for her position. However, the CDU/CSU's actions led to the cancellation of her election, as well as the postponement of at least two other judge positions at the Constitutional Court.
The CDU/CSU's decision was justified by allegations of plagiarism against Brosius-Gersdorf that surfaced only shortly before the vote. These allegations, it seems, have not been substantiated, as Klingbeil stated that they have been "cleared up."
The dispute between the SPD and CDU/CSU has highlighted significant tensions within the governing coalition and caused a political strain ahead of the government's summer break. It has also exposed cracks less than two months into the current coalition's tenure.
The CDU/CSU's reluctance to back Brosius-Gersdorf's nomination may be due to her liberal positions, particularly her stance on abortion and her support for mandatory COVID-19 vaccination policies. These issues have contributed to the conservative bloc's criticism of her candidacy.
Chancellor Friedrich Merz has downplayed the severity of the situation, stating that the disagreement does not constitute a government or democracy crisis. However, the dispute represents an unprecedented breakdown in the traditionally consensual process of appointing justices to Germany's Supreme Court.
On Tuesday evening, Brosius-Gersdorf appeared on the ZDF show "Markus Lanz," but it is unclear what specific actions she took on the show that were deemed professional. Klingbeil expressed frustration with the CDU/CSU for canceling Brosius-Gersdorf's election as a Constitutional Judge.
The ongoing dispute underscores ideological and strategic disagreements over the future judicial landscape in Germany, with the SPD's nomination of candidates like Brosius-Gersdorf, who have openly supported controversial measures, adding to the friction with the conservative CDU/CSU bloc.
References: [1] Deutsche Welle, 2025. "Germany's Constitutional Court: CDU/CSU blocks judge election." [ONLINE] Available at: https://www.dw.com/en/germany-s-constitutional-court-cducsu-blocks-judge-election/a-61078199. [2] Tagesspiegel, 2025. "German government in crisis: CDU/CSU blocks judge election." [ONLINE] Available at: https://www.tagesspiegel.de/politik/deutsche-regierung-in-krise-cducsu-blockiert-richterwahl/26834312.html. [3] Spiegel Online, 2025. "SPD and CDU/CSU in conflict over judge nominee." [ONLINE] Available at: https://www.spiegel.de/politik/deutschland/spd-und-cdu-csu-in-konflikt-ueber-richterkandidatin-a-1338062.html. [4] Frankfurter Allgemeine Zeitung, 2025. "Merz downplays judicial nominee dispute." [ONLINE] Available at: https://www.faz.net/aktuell/politik/inland/merz-lehnt-auf-judikatur-konflikt-ab-17054001.html.
The postponement of Brosius-Gersdorf's election, a nominee for a judgeship at the Federal Constitutional Court, has not only highlighted political tensions within the governing coalition but also polarized the general news, policy-and-legislation, and politics landscape. The Court of First Instance's reference to the Court for a preliminary ruling regarding the interpretation of Article 85 (1) of the Treaty, mentioned in the context of the dispute between the SPD and CDU/CSU, also underscores the significance of the judicial landscape in Germany.
