The nomination of Frauke Brosius-Gersdorf to the Federal Constitutional Court has sparked debate, but her former doctoral advisor, Horst Dreier, believes the court’s integrity has not been compromised. Speaking to Funke-Mediengruppe newspapers, Dreier stated he sees “no indication whatsoever” that the court has been affected by the situation.
He emphasized that the court continues its routine operations, including deliberations and the announcement of rulings and expressed confidence that if elected, Brosius-Gersdorf would fulfill her role alongside the other justices, noting the composition of senates with eight members. Dreier also highlighted the court’s capacity for integration. He acknowledged concerns and expressed understanding and respect for potential institutional impact.
Certain factions within the conservative Union party are urging Brosius-Gersdorf to formally withdraw her nomination, initially submitted by the SPD. While she has not yet done so, she has indicated a willingness to reconsider should the controversy threaten the court’s standing.
Dreier challenged the notion that neutrality is a mandatory requirement for judges, asserting that the insistence on neutrality is misguided. He argued that judges should hold and articulate well-reasoned positions, emphasizing that a senate’s structure – comprising eight members – prevents any individual agenda from being imposed.
Describing Brosius-Gersdorf, Dreier stated she is not an activist but rather a legal scholar who defends her positions with robust justifications – a critical function of her field. He underscored that in Karlsruhe, only convincing arguments are paramount.
The remarks are notable given Dreier’s own experience as a nominee for the same high court position in 2008. His nomination was ultimately withdrawn following public scrutiny of his stances on bioethical matters.