Federal Constitutional Court: Coalition dispute over judge election – direct meeting?

In the coalition dispute over the new occupation at the Federal Constitutional Court, a quick solution is not in sight. However, the tops of CSU/CDU and SPD want to limit the damage. In internal consultations, the SPD board and faction spoke about the possibility of a direct conversation between the SPD nominated candidate Frauke Brosius-Gersdorf and the Union faction.

Previously, the election of Brosius-Gersdorf and two other new judges for Karlsruhe had been dropped by the agenda of the Bundestag at short notice. For days, the black and red turbulence at the start of the summer break had emerged due to resistance in the Union faction against Brosius-Gersdorf.

SPD parliamentary group vice Sonja Eichwede welcomed the world to “that Professor Frauke Brosius-Gersdorf would also be willing to personally introduce himself to the Union Group in order to clear out doubts”. SPD parliamentary group leader Matthias Miersch made it clear at the digital SPD meeting on Friday evening that one had to speak of face to face, as the German press agency learned from parliamentary group circles. “Image” and “Tagesspiegel” first reported on the video conference.

CSU state group leader wants to take the time

CSU state group leader Alexander Hoffmann pleaded for nothing to rush. “As a coalition, we are responsible for agreeing to a joint candidate package for the Federal Constitutional Court. This includes taking time and not restricting ourselves,” said Hoffmann of the dpa.

Regarding the SPD that Brosius-Gersdorf personally arises from the Union issues, there was initially no direct approval in the Union faction management. The parliamentary managing director Steffen Bilger told the German Press Agency: “Now everyone should come down a little and then we will discuss the further procedure with the SPD in peace.” Eichwede also said that there is still no appointment for such a possible meeting.

After a debate characterized by mutual allegations, the Bundestag had set the elections of the two judges and the judge on Friday with the votes of Left, Greens, SPD and Union. The Union Günter Spinner from the Federal Labor Court and the SPD also nominated the Professor Ann-Katrin Kaufhold.

The proposal for Spinner was already going back and forth for a long time; The Union had no majority for another candidate. Now the required two-thirds majority for Brosius-Gersdorf was missing.

Chancellor’s head: “Sustainable solution”

Chancellor’s head Thorsten Frei (CDU) told the “Neue Osnabrücker Zeitung”: “I am sure that the coalition factions will find a sustainable solution over the summer.” The SPD wants to hold on to Brosius-Gersdorf, as Eichwede, herself a judge, confirmed. “We have a good suggestion, an outstanding scientist who can work very well in Karlsruhe.” Eichwede accused critics of presenting Brosius-Gersdorf incorrectly. “You can’t deal with each other in a democracy.”

Reservations against the 54-year-old from a conservative side are justified, among other things, that in a report of an expert commission on the subject of unborn life and rubbing, they are said to have written: “There are good reasons for the human resources to only apply from birth.” It is also one point that it was at Corona for a vaccination obligation. The Union had nominated her in the judge’s election committee and the Union faction management spoke out for her choice.

SPD: “Conscious disassembly of our highest German court”

In the coalition, the perspectives bounce together after the preliminary failure of the new occupation in Karlsruhe. “But what we had to experience today is the conscious disassembly of our highest German court and our democratic institutions,” wrote SPD parliamentary group leader Miersch in a personal explanation. “That is dangerous.” He expects the majority to be standing. ”

Interior Minister Alexander Dobrindt (CSU) admitted that “one would have liked another process or another result in the process”. However, court candidates would be viewed publicly. “Then there are also discussions and debates. (…) And then it doesn’t work as predicted,” he said in the “Interview of the Week”.

Crisis mood to start the summer break

“Everything that does not lead to a very specific result is automatically a damage to the Federal Constitutional Court: I cannot agree with this perspective,” said Dobrindt. The Greens chairman Franziska Brantner spoke in the newspapers of the Bavarian media group that trust in the highest court had been “negligent”.

The first parliamentary managing director of the SPD parliamentary group, Dirk Wiese, was surprised that the Union faction was neither followed by the original recommendation of its parliamentary group leader Jens Spahn nor that of Chancellor Friedrich Merz. “There is an authority problem.”

Merz position expected on Sunday

Spahn and Merz (both CDU) did not comment at first. Spahn is again the target again, sometimes violent criticism, especially of the opposition, after he has come under pressure as a health minister because of massive too much Corona protection masks. On Sunday, Merz will take a position on current processes in the ARD summer interview.

Criticism of the failed choice is already coming from your own ranks. The former CDU Prime Minister of Saarland and constitutional judge Peter Müller told the “Süddeutsche Zeitung” that reservations against personnel proposals are nothing new. “However, the fact that a judge’s election does not come about after the Bundestag’s election committee has already made a suggestion to the plenary – that has never been done. This should not happen. “This is primarily possible with the group leader.”

Previously, the Green Group leader Britta Haßelmann had said on ZDF: “Jens Spahn is responsible for that.” Haßelmann confirmed the demand for a special meeting of the Bundestag for a new start next week. “We don’t want a hanging game all summer.”

Are long procedures posted in Karlsruhe?

The former Vice President of the Federal Constitutional Court, Ferdinand Kirchhof, sees consequences for the work of the court through the burst election. Although his independence and functionality are not at risk, because the judges who have left the departure have to continue their position until a successor is elected, as he said at “ZDFheute Live”. However, the court is expected to be able to carry out only short procedures.

Brosius-Gersdorf has not yet commented. According to the “Tagesspiegel”, however, the SPD switching of the SPD switch was ready that the Hamburg native was available for an open and clear conversation with the top of the Union.

Half of the 16 judges of the Federal Constitutional Court are elected by the Bundestag and the Federal Council with at least two thirds. Brosius-Gersdorf heads the chair for public law at the University of Potsdam, in particular constitutional law and social law.

Information about the Federal Constitutional Court