Former German Constitutional Court Judge Dieter Grimm has urged the Union and Social Democratic Party (SPD) to promptly finalize the outstanding appointment of judges to the Federal Constitutional Court.
Speaking to the “Handelsblatt” newspaper, Grimm indicated the SPD is likely to seek greater assurance regarding its new nominee following the previous failed attempt. He believes the Union, recognizing its own interests, will provide this assurance, removing a significant obstacle to progress. “Once that has happened, there is no reason to delay any further” Grimm stated, advocating for swift scheduling of selection meetings within the relevant parliamentary committees and the plenary session. He anticipates discussions between the two parties are already underway.
The previous attempt to fill the judicial vacancies in the Bundestag stalled before the summer recess due to opposition within the Union factions to the SPD’s initial candidate, Frauke Brosius-Gersdorf. Concerns regarding her stance on abortion were cited as contributing factors. While initially nominated by the selection committee, Professor Brosius-Gersdorf has since withdrawn her candidacy, necessitating a new proposal from the SPD.
Grimm expressed concern over the manner of the previous debate, noting the “false claims, defamation and suspicions” surrounding the candidacy were unhelpful given the required legal expertise and impartial judgment expected of Constitutional Court judges.
He emphasized that three judges still need to be appointed, while highlighting broad agreement on two candidates: Günter Spinner, a judge at the Federal Labour Court supported by the CDU and CSU and Ann-Katrin Kaufhold, a legal professor nominated by the SPD. The SPD, according to Grimm, has put forward a new candidate for the remaining seat and must now secure the necessary majorities – eight out of twelve votes in the selection committee and two-thirds in the Bundestag – to ensure their appointment.