A dispute has arisen within the German Bundestag concerning the upcoming election for a judge at the Federal Constitutional Court. Clara Bünger, the Left faction’s spokesperson for domestic policy, has publicly criticized the Christian Democratic Union/Christian Social Union (CDU/CSU) parliamentary group for refusing to engage in discussions regarding their candidate, Günter Spinner. Bünger accused the CDU/CSU of appearing willing to accept votes from the Alternative for Germany (AfD) in order to secure their candidate’s election.
“The CDU/CSU are facing a predicament; the consequences of their actions are now beyond their control” Bünger stated in remarks reported by the Redaktionsnetzwerk Deutschland. She expressed hope that the CDU/CSU would ultimately support a democratic majority for all candidates and refrain from factoring in AfD votes.
The 16 judges of the Federal Constitutional Court are elected in equal measure by the Bundestag and the Bundesrat. Both chambers require a two-thirds majority for a successful election, traditionally leading to informal agreements between parties regarding a distribution of candidates based on their parliamentary strength.
Following the recent federal election, the combined strength of the CDU/CSU, SPD, Greens and previously the FDP, no longer guarantees a two-thirds majority in the Bundestag. This necessitates the support of either the Left party or the AfD to elect judges. Should the Bundestag fail to elect the judges, the Bundesrat – composed of representatives from the state governments – will assume the responsibility of filling the positions in Karlsruhe. Significantly, the Bundesrat continues to hold a two-thirds majority comprised of the CDU/CSU, SPD, Greens and FDP.