Federal Constitutional Court: Bundestag before voting on three judge candidates

The first hurdle in the occupation of three judge positions at the Federal Constitutional Court has been taken – now everything is heading for the votes on Friday in the Bundestag. In the late Monday evening, the Bundestag election committee agreed to recommend two SPD candidates and one of the Union for the posts-including the SPD candidate, Frauke Brosius-Gersdorf in rows of the Union. This was learned by the German press agency from participant circles. The “Frankfurter Allgemeine Zeitung” had previously reported.

The final decisions about the Union candidate Günter Spinner, previously judge at the Federal Labor Court, and the Jura professor Brosius-Gersdorf and Ann-Katrin Kaufhold nominated by the SPD are to fall in the plenary of the Bundestag on Friday.

The Union and the SPD also do not have the two -thirds majority, which is necessary for the election of constitutional judges, together with the Greens. This means that votes from AfD or the left could be the decisive factor.

In particular against Brosius-Gersdorf, there had previously been resistance from the Union. The Jura professor had campaigned for a vaccination obligation in Corona pandemic. The CDU member of the Bundestag Saskia Ludwig described her as “unclear” on platform X.

Two secret votes

On Friday morning, the candidate nominated by the Union should be voted on on Friday morning. The election of the other two judges is on the agenda of the last meeting of the Bundestag before the summer break.

In contrast to the election committee with its twelve regular members, the government parties CDU/CSU and SPD could also need voices of the left for the vote in the plenum in addition to the Greens, if they do not want to rely on votes from the AfD. The choice is secret.

It shouldn’t go without AfD or left

The Union has a fundamental decision that there should be neither the AfD nor with the left -wing parliamentary cooperation. The left, on the other hand, wants to be included in the democratic camp.

For the choice in the plenum, a majority of two thirds of the votes cast are necessary – if all political groups were represented and coordinated in accordance with their relative strength, it would need AfD or left. In addition, at least a majority of all 630 Bundestag members must be reached, i.e. at least 316 votes.

Spahn is confident

The Union Group leads to the fact that all three candidates of the black and red coalition for the Federal Constitutional Court will be elected on Friday with a two-thirds majority.

Group leader Jens Spahn (CDU) pointed out on Monday afternoon that the Union would have adopted the proposal of all current constitutional judges with the nomination of Günter Spinner. The leadership of the Union faction in turn supports the two proposals of the SPD. “This is how we agreed to each other,” said Spahn.

AfD: For Union candidates, against SPD candidates

The AfD parliamentary group management recommends that its members vote for the Union candidate. The two candidates who suggested the SPD will not be supported, the leader of the parliamentary group Alice Weidel announced.

The left, on the other hand, insisted on discussions with the Union before the election. “No choice without a conversation, it is very simple,” said left-wing chairman Jan van Aken. According to his words, the left wants to make agreements with the Union for the election and the right of proposal for judge positions as well as the occupation of positions in the parliamentary control committee or the reform of the debt brake. However, the Union did not contact.

Half of the 16 judges of the Federal Constitutional Court are elected by the Bundestag and the Federal Council. There are currently three posts from the Bundestag. The CDU/CSU can suggest a candidate, two the SPD.

Bundestag on the election committee Federal Constitutional Court on judge election and other questions Federal Constitutional Court Act