The postponement of elections for new judges at the Federal Constitutional Court, following developments in the Bundestag, has prompted concerns regarding the court’s future. Former Federal Minister of Justice, Marco Buschmann, a member of the Free Democratic Party (FDP), has cautioned against potentially severe repercussions for the court’s standing.
Speaking to the “Rheinische Post” Buschmann expressed worry that public attacks targeting judicial candidates can discourage highly qualified academics and legal scholars from seeking positions on the court in the future. He characterized the increasingly politicized nature of the election process as a threat to the Federal Constitutional Court’s reputation.
Describing the procedural sequence of events as “unfortunate” Buschmann suggested that, in the court’s best interest, it would be prudent to propose candidates who garner broad consensus.
The current situation arose after the parliamentary judicial selection committee approved three candidates put forward by the governing coalition. However, on Friday morning, Jens Spahn, parliamentary group leader of the Christian Democratic Union (CDU), withdrew support for one of the candidates, subsequently leading to the postponement of the elections for all three judicial vacancies.