Union declines dialogue with judges, leaving the left high and dry on discussions
In the upcoming vote to fill three of the 16 judgeships at the Federal Constitutional Court in Germany, the potential impact of the Alternative for Germany (AfD) is shaping up to be a significant factor. The election requires a two-thirds majority in the Bundestag or Bundesrat, a high threshold that necessitates broad consensus across several parties.
1. **The Two-Thirds Majority Requirement**
The center and mainstream parties no longer hold this two-thirds majority in the Bundestag, making cooperation or at least tacit support from other parties essential. Since almost always some members are absent during such votes, the Union hopes to achieve a two-thirds majority alone with the help of the Greens through a high attendance rate.
2. **AfD's Recommendation for the Union-Backed Candidate**
Despite its marginalization and classification as a "confirmed right-wing extremist endeavor" by the Federal Office for the Protection of the Constitution, the AfD has recommended supporting the candidate backed by the Union (CDU/CSU) for the Constitutional Court. This recommendation could be pivotal because the Union needs additional votes beyond its own bloc to reach the two-thirds majority necessary for a successful appointment.
3. **Balancing Democratic Norms and Political Realities**
The involvement of AfD in endorsing a candidate for the Federal Constitutional Court adds a complex dimension to the political negotiation. While other parties, such as CDU/CSU, SPD, Greens, and The Left, have expressed concerns about the AfD’s extremist classification, the necessity of its votes for a two-thirds majority means its position cannot be ignored. This creates a tension between safeguarding democratic values and respecting parliamentary arithmetic.
As the election approaches, the CDU and CSU have excluded "coalitions and similar forms of cooperation" with the Left Party and the AfD. The Left party, for its part, has stated, "No talk, no vote." This means they will not agree to the Union-backed candidate without prior negotiations. The AfD faction has recommended its members to vote for the Union-backed candidate Günter Spinner, while the Left party co-chair, Jan van Aken, has ruled out agreeing to Spinner without prior talks with the Union.
The committee has nominated the Union-backed labor judge Günter Spinner, and the legal professors Frauke Brosius-Gersdorf and Ann-Katrin Kaufhold, proposed by the SPD. If Spinner's election is dependent on AfD votes, it could be seen as a shift to the right, contradicting the Union's claim of winning the election without the AfD's support.
The CSU faction leader, Alexander Hoffmann, has warned against the failure of the election in the Bundestag, stating that it could lead to the Constitutional Court shifting to the left. His concern is that pushing through a bourgeois-conservative candidate via the Bundesrat could be challenging. If the election in the Bundestag fails, the Bundesrat will be tasked with filling the judicial posts.
In conclusion, the AfD’s recommendation for the Union-backed candidate could be critical in securing the two-thirds majority needed to appoint judges to the Federal Constitutional Court. However, given its extremist classification and the increasing political isolation by other parties, this influence is controversial and underscores the complex interplay between political pragmatism and democratic principles in Germany’s constitutional judiciary appointments.
- The AfD's recommendation for the Union-backed candidate could be crucial, as the Union needs additional votes beyond its own bloc to reach the two-thirds majority necessary for a successful appointment, highlighting the intersection of policy-and-legislation and politics.
- The complex negotiation surrounding the appointment of judges to the Federal Constitutional Court involves balancing democratic norms and political realities, with general-news outlets closely following the potential impact of the Alternative for Germany (AfD) on this important political process.
