Negotiations regarding appointments to the Federal Constitutional Court are facing a delicate balancing act, with discussions centered on the delicate interplay of parliamentary power and potential fallback mechanisms. Thorsten Frei, Head of the Chancellery, recently stated that a reciprocal agreement granting the Left Party (Die Linke) the right to propose candidates for judges is unlikely, despite their willingness to facilitate the passage of judicial nominations with a two-thirds majority in the Bundestag.
Frei emphasized the existence of an alternative procedure should the Bundestag fail to achieve the necessary two-thirds majority. In such a scenario, the responsibility for filling vacancies would shift to the Federal Council (Bundesrat), the upper legislative body representing the states. “It’s not as if we’ve been trapped and are fundamentally dependent on a resolution within the Bundestag” Frei asserted. While achieving a Bundestag agreement remains the preferred outcome, it is not a mandatory requirement.
A close advisor to Chancellor Friedrich Merz expressed optimism about the prospects for reaching a consensus on filling the three upcoming vacancies. He indicated that a special parliamentary session during the summer months is currently not anticipated. Success hinges on a willingness from all parties to moderate their positions, he added, signifying a need for compromise to secure appointments to the nation’s highest court.