Power Struggle Shakes German Court

Power Struggle Shakes German Court

Negotiations have culminated in an apparent agreement between the Union and SPD factions regarding potential candidates for three vacancies on the Federal Constitutional Court (Bundesverfassungsgericht) in Karlsruhe.

According to information obtained by FAZ, the candidates under consideration are Günter Spinner, currently a judge at the Federal Labour Court and the constitutional law professors Frauke Brosius-Gersdorf and Ann-Katrin Kaufhold. Spinner is reportedly aligned with the CDU, while Brosius-Gersdorf and Kaufhold are backed by the SPD. Both parties are aiming for a vote on the proposed candidates during the coming week, with a meeting of the Bundestag’s relevant electoral committee scheduled for Monday. The vote by parliamentarians is tentatively planned for July 10th, the penultimate session day before the summer recess.

The success of this plan hinges on the approval of the Green Party and the Left party. Due to a commitment to avoid agreements with the AfD, their support is essential to secure the necessary two-thirds majority. This prospect has become more likely following the CDU/CSU’s recent withdrawal of their initially proposed candidate, Robert Seegmüller, a judge at the Federal Administrative Court, who is now being considered for a position as a state secretary within the Federal Ministry of the Interior.

The Left party has requested further discussions with the parliamentary group leaders of the Union, SPD and Green parties. Clara Bünger, the Left’s spokesperson for legal policy, stated that the Union has been obstructing dialogue and attempting to equate them with the AfD. The party is advocating for a future right to nominate candidates for the Constitutional Court elections.

The election of the judges has been under deliberation for several months. The term of Josef Christ, whose successor Spinner is expected to be, expired in November. Brosius-Gersdorf and Kaufhold are slated to replace Doris König, Vice President of the Federal Constitutional Court and Ulrich Maidowski. The next election for judges will not occur until after the federal election in 2029.