The German Bundestag on Thursday confirmed three new justices to the Federal Constitutional Court. Günter Spinner secured his position with 424 affirmative votes and 178 negative votes, alongside eleven abstentions. Sigrid Emmenegger garnered support from 446 parliamentarians, while 161 opposed her candidacy, resulting in six abstentions. Ann-Kathrin Kaufhold received 440 votes in favor with 166 against and seven abstentions.
Confirmation of Constitutional Court justices requires a two-thirds majority within the Bundestag. Achieving this threshold necessitates the support of multiple political factions beyond the traditional governing parties, including potential alignment with either the Green Party and the Left Party, or the Alternative for Germany (AfD). The prior indication of support from the Green Party and the Left Party for SPD-nominated candidates Sigrid Emmenegger and Ann-Kathrin Kaufhold signaled their likely election.
The support for Günter Spinner presented a more complex scenario. The Left Party had previously refrained from definitively indicating its stance on Spinner’s candidacy, due to apparent reluctance from the Union (CDU/CSU) to engage in negotiations for their backing. Furthermore, the AfD had publicly announced its intention to support Spinner. Ultimately, his success hinged on securing a relatively slim margin, receiving only eleven more votes than the combined total of the Union, SPD and Green Party.
Günter Spinner will succeed Josef Christ, previously a judge in the First Senate of the Federal Constitutional Court. Ann-Kathrin Kaufhold will fill the seat vacated by Ulrich Maidowski in the Second Senate. Sigrid Emmenegger, currently a judge at the Federal Administrative Court, will replace Doris König in the Second Senate. Emmenegger’s nomination followed a shift in circumstances; the Union withdrew its prior commitment to the originally proposed candidate, Frauke-Brosius Gersdorf, shortly before the election.
Each of the two senates of the Federal Constitutional Court, comprising eight members each, are elected for twelve-year terms with the required two-thirds majority from both the Bundestag and the Federal Council. Appointed justices continue to fulfill their duties until successors are formally appointed.