The German Federal Judges Association (DRB) has voiced concern regarding the recent failed parliamentary vote for new judges to the Federal Constitutional Court. In a statement released Monday, the association’s leadership, Andrea Titz and Achim Scholz, called for restraint and emphasized the importance of safeguarding the court’s independence and public trust.
The DRB expressed worry that the selection process should not be driven by short-term political interests or stances on specific social issues. They cautioned that such influences could undermine the perception of impartiality among all Federal Constitutional Court judges and, consequently, diminish public acceptance of their rulings. The statement also stressed the need to protect the professional reputation and integrity of nominees throughout the nomination process.
Acknowledging the critical role the Federal Constitutional Court plays in upholding the democratic rule of law, the DRB asserted that its functionality and standing should not be subjected to partisan political decision-making. They warned that allowing daily politics to unduly influence judicial appointments could lead to a long-term politicization of the court.
While not explicitly endorsing any particular candidate, the statement appears to indirectly support Frauke Brosius-Gersdorf, the candidate nominated by the Social Democratic Party (SPD), who faced opposition from members of the CDU/CSU alliance. The DRB referenced previous successful judges, such as Ernst Benda, Roman Herzog and Jutta Limbach, whose clear societal and political stances coupled with a willingness to engage in discourse, demonstrably facilitated balanced decision-making – provided the court maintained its unique character and remained free from external political interference.
Finally, the DRB highlighted that candidates do not typically self-nominate for the position, further emphasizing the need to ensure the selection procedure doesn’t damage their standing and reputation.