Justice: Breaked judge election shakes coalition

The preliminary failure of the judge’s election in the Bundestag, the black-red coalition plunged into its first tangible crisis just before the summer break. Due to massive resistance in the Union faction against the SPD candidate Frauke Brosius-Gersdorf, the votes on a total of three suggestions for the Federal Constitutional Court were taken from the agenda at short notice.

Union faction leader Jens Spahn is now under pressure, who could not close the rows of the Union in time. How it goes on is open. Bundestag president Julia Klöckner (CDU) campaigned to make up for the elections in the next regular week of session – in other words in September.

SPD speaks of “hunt” to constitutional lawyer

The parliamentary managing director of the SPD parliamentary group, Dirk Wiese, spoke of the dismissal of the Federal Constitutional Court and a “hunt” against the “highly respected lawyer” Brosius-Gersdorf, which, above all, encounters reservations for many in the Union. The accusation was added on the day of the vote.

Wiese said to the Union’s address that the SPD had “stood” in the past few weeks in difficult decisions in the coalition. “I expect in the future that others will also stand with such difficult decisions.” A clear reminder to the coalition partner for further cooperation.

Opposition: “absolute scandal” and “absolute instability”

The opposition evaluated the removal of the judge elections as a disaster for black and red. The Green Group leader Britta Haßelmann spoke of a “bad day for the parliament, for democracy and for the Federal Constitutional Court”. She clearly blame the CDU politician Spahn: “It is her inability as the group leader.”

The left -wing faction leader Heidi Reichinnek spoke of an “absolute scandal”. The AfD parliamentary group manager Bernd Baumann accused the “absolute instability” government.

Several dozen Union MPs registered concerns

The coalition had weeks to prepare the judge’s election for weeks. Only last week, however, doubts about Brosius-Gersdorf about their attitude to unborn life, but also because of their demand for an obligation to vaccinate during corona pandemic. Several dozen MPs registered concerns in a query by the top of the parliamentary point.

On Thursday evening, the Austrian plagiarism searcher Stefan Weber also referred to matches between the dissertation Brosius-Gersdorf and the habilitation thesis of her husband. Upon request, he told the German Press Agency that he had carried out the exam without client. The publication, however, came into the debate. The Union threatened the SPD with abstention. Finally, they agreed to deduct the agenda items.

Merz actually didn’t want a public dispute

Spahn is now accused of underestimating the resistance in his own faction. The Union faction leader has been under pressure for weeks because of the affair about the procurement of Corona masks in his time as Minister of Health.

After the discussion about the electricity tax reduction for everyone, it is the second time that there will be an open argument in the coalition – in just two months of reign. Chancellor Friedrich Merz (CDU) had set himself and his government to create a better mood in Germany until summer. Above all, however, he wanted a coalition without a public dispute – in contrast to the previous government of the SPD, the Greens and FDP, which ultimately broke on the long -term zoff.

Union Group Managing Director criticizes debate

The parliamentary managing director of the CDU/CSU parliamentary group, Steffen Bilger, tried to appease in the Bundestag. He contradicted the view that the Federal Constitutional Court was damaged. The debate about the judge’s election “had also lost any degree,” he criticized.

CSU state group leader Alexander Hoffmann said that the shift in the vote was “shaped by our common responsibility to protect and protect the reputation of the Federal Constitutional Court”. Discussions would now be held within the coalition “how a election of constitutional judges in the Bundestag can succeed”.

The SPD made it clear that there was no reason for the faction to move away from the candidate Brosius-Gersdorf. The question is whether, given massive hostility in social media, she is still willing to be voted in the constitutional court.

No time pressure – Federal Council could come into play

There is no immediate time pressure in the replacement of the freely vacant judges. Different deadlines apply depending on the judge to be occupied. From a certain point in time, the federal states in the Federal Council can choose the successors instead of the Bundestag – but they do not have to, but the Bundestag can continue to decide as well. In any case, the question will remain a burden for the coalition.