The Alternative for Germany (AfD) is reserving its position on the upcoming vote to fill three vacancies on the Federal Constitutional Court, signaling a potentially delicate process requiring significant political maneuvering. According to Stephan Brandner, AfD’s deputy federal spokesperson and a member of the electoral committee, the party has been reviewing the three candidate proposals circulating publicly and has identified varying degrees of concern regarding their suitability.
Brandner confirmed that all three candidates have been invited to present themselves to the AfD parliamentary group this Monday. He emphasized that the party’s final voting decision will be made after these presentations, discussions within the committee and a thorough vetting process. “The AfD parliamentary group looks forward with anticipation to the presentations of the three candidates” Brandner stated.
The political landscape surrounding the nominations is complex. Sources within the CDU/CSU (the center-right union) reportedly favor the nomination of Judge Günter Spinner from the Federal Labour Court. Meanwhile, the Social Democratic Party (SPD) is advocating for the nominations of two professors of public law, Frauke Brosius-Gersdorf and Ann-Katrin Kaufhold. Brandner recently expressed significant reservations regarding the candidacy of Brosius-Gersdorf, framing her nomination as potentially unacceptable to a broad coalition of democratic forces. He has not publicly commented on Spinner’s candidacy.
The Bundestag’s electoral committee is scheduled to issue a recommendation for the vacancies later Monday evening. Following this recommendation, a vote will take place in the full Bundestag plenary session. Crucially, a two-thirds majority of votes cast is required to successfully elect the new judges. Given the current political dynamics, the ruling coalition is seeking to avoid direct reliance on AfD support, suggesting that securing the necessary majority will depend on gaining the backing of the Left and Green parties.