Concerns are growing regarding a potential shift in the process of selecting judges for Germany’s Federal Constitutional Court, with a leading constitutional law expert warning against the increasing politicization of the selection procedure. Horst Dreier, a renowned legal scholar and former candidate for the court, has cautioned that the current climate mirrors a worrying trend seen in the United States.
Speaking to Funke-Mediengruppe newspapers, Dreier noted that the traditional consensus-building mechanisms among political parties are weakening. With no party currently holding a two-thirds majority, informal agreements that previously governed the selection process are proving less effective, potentially allowing for the emergence of candidates who lack broad support.
Dreier expressed concern that the escalating debates surrounding the nomination process – specifically referencing the ongoing discussions regarding Frauke Brosius-Gersdorf – create a situation where qualified individuals may be deterred from seeking nomination. He predicts that the consequence could be a decline in the caliber and diversity of potential judges, leading to a cohort characterized by a reluctance to engage with controversial issues. “We risk ending up with only ‘grey mice’ in Karlsruhe” Dreier stated, emphasizing the necessity for “profiled, good people” on the court.
Dreier’s commentary carries particular weight given his own experience; he was previously nominated for the Federal Constitutional Court in 2008 but ultimately faced significant criticism and his nomination was withdrawn due to the sensitivity of his views on bioethical matters. He described the present situation as evoking a sense of “déjà-vu” highlighting a recurring pattern of politicized judicial selection. The evolving dynamics suggest a need for careful consideration of the court’s independence and the importance of maintaining a merit-based selection process.