Warnings issued by plagiarism detective Weber regarding the potential election of Kaufhold to the Constitutional Court
In the run-up to the election of Ann-Katrin Kaufhold as a judge at the Federal Constitutional Court, a heated debate has arisen over her proposal for a new form of control called "system oversight."
Ann-Katrin Kaufhold, the SPD candidate, first presented her idea in a 2018 academic paper titled "Butterflies and Administrative Law," published in the Osaka University Law Review. The paper proposed a control form that is neither state nor economic oversight, neither external nor self-control.
However, Stefan Weber, a private lecturer at the University of Vienna and known as a "plagiarism hunter," has criticized Kaufhold's concept, labeling it as "installing an Orwellian oversight." Weber's critique implies that Kaufhold's "system oversight" concept could establish new structures not controlled parliamentarily.
Weber's concerns were not limited to Kaufhold's proposal. He accused her of having a "preference for authoritarian, dirigist institutions, for control and surveillance authorities without democratic legitimacy." Weber published his assessment in a guest article for the Berliner Zeitung.
Kaufhold's "system oversight" model is seen as an independent control form that goes beyond existing mechanisms. If the CDU had nothing more to say about Kaufhold's proposal, it suggests that the CDU may not have any significant objections to her "system oversight" idea.
Despite the criticism, Kaufhold remains undeterred. She has suggested that the legislature should use "system oversight" to ward off systemic risks. Kaufhold discussed the financing of such oversight, stating that a tax-funded financing would be legally unproblematic.
In response to the criticism, the SPD has nominated Sigrid Emmenegger as a replacement for Kaufhold. Emmenegger, who was elected judge at the Federal Administrative Court in Leipzig in October 2020, was previously a scientific employee at the Federal Constitutional Court in Karlsruhe from 2009 to 2013. The election committee is set to put forward Emmenegger in the plenary three days before the election on September 25.
Before her SPD-backed nomination as a Federal Constitutional Court judge, Kaufhold was criticized by Stefan Weber due to her 2018 essay in which she proposed "system oversight." Weber's critique suggests that Kaufhold's "system oversight" could weaken, rather than strengthen, democratic decision-making processes.
As the election approaches, the debate over Kaufhold's "system oversight" proposal continues, with critics arguing that it could undermine individual freedoms and bypass parliamentary control, while supporters argue that it is necessary to ward off systemic risks.
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