FDP Criticizes Left Party’s Proposal for Judicial Nomination Rights at Federal Constitutional Court
The Free Democratic Party (FDP) has voiced strong criticism of the Left Party’s demand for a direct right to propose candidates for the Federal Constitutional Court. Wolfgang Kubicki, Deputy Party Chairman, stated to the Rheinische Post that “the Constitutional Court is not a place for party disputes”. He cautioned against replicating scenarios like those in the United States, where judicial elections frequently become highly politicized.
Kubicki accused Jan van Aken, leader of the Left Party, of seeking “partisan gains” through the Constitutional Court elections. Van Aken had proposed altering the nomination process to grant the Left Party a say in selecting judges. He questioned the FDP’s current access to the process, asking why the Left Party should not have similar rights.
The governing coalition partners in the Union have also responded cautiously to the Left Party’s proposal. Sources within the CDU/CSU parliamentary group emphasized the Constitutional Court’s role as a guarantor of the rule of law’s neutrality and stability, highlighting that its reputation relies on a “cross-party and broadly supported election process”. They expressed concern that granting proposal rights to the Left Party or the Alternative for Germany (AfD) could “jeopardize this balanced system” potentially increasing political polarization and disputes.
The 16 judges of the Federal Constitutional Court are elected equally by the Bundestag (parliament) and the Bundesrat (federal council), requiring a two-thirds majority in each chamber. This has historically led to informal agreements among parties regarding candidate distribution, based on their respective sizes. With the current coalition – comprising the Union, SPD (Social Democratic Party), Greens and FDP – no longer holding a combined two-thirds majority in the Bundestag, they now require the votes of the Left Party or the AfD to secure the necessary votes for Constitutional Court judges.