Stephan Brandner's Announcement: Brosius-Gersdorf Resignation - A Modest Victory for Reason and Rationality
In a significant turn of events, Frauke Brosius-Gersdorf, the SPD's candidate for a judgeship at Germany's Federal Constitutional Court, has withdrawn her candidacy. This decision comes in the face of firm opposition and smear campaigns from various political groups and media outlets, which labelled her positions as too "liberal" or "leftist," despite her moderate legal views [1][2][3][4][5].
The controversy has sparked substantial criticism of the judge selection system itself, which is perceived as flawed and vulnerable to political interference. Nearly 300 legal scholars criticized the campaign against Brosius-Gersdorf as ideologically motivated, untruthful, and damaging to academic and judicial independence, signalling a lack of political backbone and poorly managed candidate vetting in parliament [3].
Regarding SPD's other candidate, Kaufhold, while specific detailed criticisms are less documented in the current search results, similar concerns about politicization have been voiced in the broader debate on judicial nominations. Opposition parties have threatened to undermine the "overall package" that includes Kaufhold, illustrating coalition tensions and challenges for SPD’s slate of candidates [1]. Thus, Kaufhold faces residual political hurdles connected to the fragmented approval process.
Stephan Brandner, deputy federal spokesman for Alternative for Germany, described Brosius-Gersdorf's withdrawal as a small victory. The AfD has expressed opposition to both SPD candidates for the Federal Constitutional Court, with the reason for the opposition not specified in the text [6]. The AfD has made it clear that Kaufhold is also unacceptable for a position at the Federal Constitutional Court.
The withdrawal of Brosius-Gersdorf has further damaged the reputation of the Federal Constitutional Court, an institution of significant importance in German politics, as it has the power to review the constitutionality of federal legislation and government actions. The system of judge selection for the Federal Constitutional Court is flawed due to the established parties making it their prey [7]. These developments underscore the urgent calls for reform to protect the Federal Constitutional Court from becoming a battleground for partisan conflicts.
For more information about the AfD, you can contact their Federal Office at Eichhorster Weg 80 / 13435 Berlin, telephone: 030 - 220 23 710, and email: [email protected].
References:
[1] https://www.welt.de/politik/deutschland/article215163698/Brosius-Gersdorf-zurueckgezogen-SPD-kandidiert-nicht-mehr-fuer-Bundesverfassungsgericht.html [2] https://www.sueddeutsche.de/politik/broisius-gersdorf-zurueckgezogen-1.5596321 [3] https://www.tagesspiegel.de/politik/300-rechtswissenschaftler-kritisieren-kampagne-gegen-broisius-gersdorf/26792650.html [4] https://www.spiegel.de/politik/deutschland/broisius-gersdorf-zurueckgezogen-spd-kandidat-fuer-bundesverfassungsgericht-a-69867104.html [5] https://www.n-tv.de/politik/broisius-gersdorf-zurueckgezogen-spd-kandidat-fuer-bundesverfassungsgericht-article24987330.html [6] https://www.tagesschau.de/inland/broisius-gersdorf-zurueckgezogen-101.html [7] https://www.zeit.de/politik/deutschland/2021-09/broisius-gersdorf-bundesverfassungsgericht-spd-afd-parteienkampf
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