Union and SPD opposing a special session of the German Parliament (Bundestag) for the election of judges
The election of three new judges to the Federal Constitutional Court in Germany has been delayed due to a political dispute within the ruling coalition, primarily over the nomination of Professor Frauke Brosius-Gersdorf, a candidate proposed by the Social Democratic Party (SPD).
The scheduled vote was cancelled at the last minute on Friday due to resistance within the Union against Brosius-Gersdorf's nomination, mainly due to her liberal views on abortion, which are at odds with more conservative positions held by parts of the Union faction.
Apart from the ideological conflicts, unproven allegations of plagiarism related to Brosius-Gersdorf's 1997 doctoral dissertation surfaced just before the vote. These allegations, as well as her previous suggestion of supporting a ban on the far-right Alternative for Germany (AfD) party if legal conditions were met, have contributed to the CDU's withdrawal of support.
Opposition from segments of Catholic communities and politicians further amplified criticism focused on her stance on abortion, turning the appointment into a contentious issue that crossed political and social lines.
The Union (CDU/CSU) has shown reluctance or outright opposition to Brosius-Gersdorf’s nomination, while the SPD defends her vigorously, accusing the Union of playing politics and unfairly sabotaging her candidacy. Chancellor Friedrich Merz of the Union has defended Brosius-Gersdorf against what he calls "unacceptable" attacks.
The delay in the election of new constitutional judges highlights fractures within Germany's governing alliance, mainly due to differing views on the nominee's ideological positions and the politicization of judicial appointments.
The coalition factions of Union and SPD are planning to discuss a new attempt at elections in the plenary with the Green faction leaders. However, the Greens had demanded a renewed election attempt in the Bundestag for the current week, but this was rejected by the Left.
Steffen Bilger (CDU) and Dirk Wiese (SPD), the parliamentary managers of Union and SPD respectively, have written a letter to the Green faction leaders regarding the election of new constitutional judges. The letter, available to the German Press Agency in Berlin, emphasizes the coalition factions' goal of filling the three judge positions promptly.
Despite the current impasse, it is clear that the election of constitutional judges in Germany remains a critical process, one that requires careful consideration and cooperation between the coalition partners. The Federal Constitutional Court, currently operational, will continue to play a crucial role in upholding the rule of law and protecting the rights of German citizens.
The delay in the election of new judges to the Federal Constitutional Court, originally due to political disagreements within the ruling coalition over policy-and-legislation and politics, has now crossed into general-news with unproven allegations of plagiarism and disputes over ideological positions and judicial appointments.
The current impasse in the election of constitutional judges in Germany, resulting from dichotomous views between the ruling coalition partners on policy matters and the politicization of judicial appointments, highlights the importance of careful consideration and cooperation necessary for the critical process of upholding the rule of law and protecting the rights of German citizens.
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