Germany’s Social Democratic Party (SPD) leadership is expressing concern over the withdrawal of Frauke Brosius-Gersdorf as a candidate for the Federal Constitutional Court, warning it could signal a troubling trend of political influence on judicial appointments. SPD Chair and Labor Minister Bärbel Bas stated she is deeply worried that “right-wing networks were able to successfully conduct a campaign against Frauke Brosius-Gersdorf” and that if a judicial election can be influenced, “we have a problem.
Bas also leveled criticism at the CDU/CSU, the SPD’s coalition partner, over the handling of Brosius-Gersdorf’s candidacy. While the union faction initially approved her nomination, the election was abruptly cancelled. Bas expressed regret that the CDU/CSU failed to even invite Brosius-Gersdorf for a discussion. She indicated the party needs to reflect on this matter internally. She further added that, as a woman, she was particularly dismayed by the treatment of the candidate and fears it could impact future candidate selection processes, asking who would subject themselves to such scrutiny.
Dirk Wiese, First Parliamentary Managing Director of the SPD parliamentary group, emphasized that the situation surrounding Brosius-Gersdorf deteriorated because initial commitments were not honored. He accused the CDU/CSU of using alleged plagiarism accusations as a pretext to allow targeted disinformation campaigns from the right to take hold. Wiese firmly stated that, moving forward, the coalition must adhere to jointly agreed-upon decisions and rely on previously made commitments, stating that personnel matters should not be treated as matters of conscience.
His remarks appear to be a response to a statement made by CDU leader Friedrich Merz, who characterized the constitutional court election as a matter of conscience. While parliamentarians are legally bound only by their conscience according to Article 38 of the Basic Law, they generally adhere to party discipline to implement previously compromised proposals. Decisions framed as matters of conscience typically occur when joint motions are considered by elements of both the coalition and opposition, often related to ethical issues like those in medicine.
Wiese conveyed regret over Brosius-Gersdorf’s decision but expressed respect and understanding for her choice to no longer endure what he described as public dismantling attempts. He suggested the efforts to discredit the respected legal scholar were deeply disconcerting for outside observers and acknowledged the difficult position she was put in.