Will Karlsruhe offer support to the coalition?
The dispute over filling three vacancies at Germany’s Federal Constitutional Court has reached a standstill, three weeks after the botched judge election in the Bundestag. The postponement of the planned vote is due to a significant coalition rift, primarily centered on the SPD-nominated candidate Frauke Brosius-Gersdorf.
Frauke Brosius-Gersdorf, a constitutional law expert and University of Potsdam professor, faced criticism from conservative CDU/CSU members and the far-right AfD party. The CDU/CSU insisted on removing her nomination from the Bundestag agenda just hours before the scheduled vote, citing plagiarism accusations and ideological disagreements.
The Bundesrat, which represents the 16 federal states, elects half of the Constitutional Court’s judges alternately with the Bundestag, but this year the Bundestag was responsible for filling all three vacancies. The selection process involves a parliamentary committee that proposes candidates by a two-thirds vote, followed by a secret ballot in the full chamber requiring a two-thirds majority.
The Bundestag's role is to elect the judges by a two-thirds majority, but the coalition rift has stalled this process. If the Bundestag has not made a decision on the succession two months later, the oldest member of the election committee must ask the Constitutional Court to make its own proposal. If the Bundestag has not made a decision three months after a proposal from the Federal Constitutional Court, the Bundesrat can step in.
In summary:
| Actor | Role & Influence | Current Status/Action | |--------------------|-----------------------------------------------|---------------------------------------------------| | Bundestag | Elects judges with two-thirds majority vote | Postponed vote due to coalition disagreements | | SPD | Nominates Frauke Brosius-Gersdorf | Supports Brosius-Gersdorf, seeks to push vote | | CDU/CSU | Nominates candidates alternately with SPD | Withdrawn support for Brosius-Gersdorf, blocking vote | | Bundesrat | Elects half of judges in alternating years | No direct role in 2025 nominations | | Federal Constitutional Court | Receives new justices post-confirmation | Not involved in nomination/voting process |
The outcome depends on whether the coalition can compromise to approve candidates with sufficient majority or seek alternative nominees acceptable to all parties. If no consensus is reached, the vacancies will remain unfilled, potentially impacting the Court’s operations and the perceived legitimacy of the appointment process.
[1] Der Spiegel [2] Deutsche Welle [3] Tagesschau [4] BBC News
The dispute over approving candidates for Germany's Federal Constitutional Court, primarily involving the SPD-nominated candidate Frauke Brosius-Gersdorf, has caused a standstill in the Bundestag, delaying the vote due to coalition disagreements. With the CDU/CSU withdrawing their support for Brosius-Gersdorf, the general news now is focused on the politics surrounding policy-and-legislation and potential impact on the radio broadcasts, discussing the outcome of the standoff and the possible effects on the Court's operations.
