Frauke Brosius-Gersdorf withdraws candidacy for the constitutional court

The lawyer Frauke Brosius-Gersdorf nominated by the SPD no longer wants to run for the judge’s office at the Federal Constitutional Court. This was announced by the 54-year-old about her Bonn law firm.

“After careful consideration, I am no longer available for the election as a judge of the Federal Constitutional Court,” said Potsdam law professor. “From the CDU/CSU parliamentary group-publicly and non-public-in the past few weeks and days, I was very clearly signaled that my choice is excluded. Parts of the CDU/CSU faction categorically reject my choice.”

Also threatens a “incisive of the ‘overall package'” for the judge’s election. This endangers the other two candidates for the Federal Constitutional Court, “which I want to protect,” it said. It must be prevented that the coalition dispute is exhausted due to the election of judges and a development is set in motion, the effects of which are not foreseeable on democracy “.

The election of Brosius-Gersdorf and two other nominees for the highest German court was discontinued in the Bundestag in July. Parts of the Union faction had reservations against the Brosius-Gersdorf nominated by the SPD. The reason was given, among other things, statements about demolition of pregnancy and a possible obligation to vaccinate in corona times. Also, shortly before the planned election of the plagiarism seekers Stefan Weber, spoke up with questions about the dissertation of the constitutional lawyer.

In the SPD, the withdrawal of Brosius-Gersdorf causes emotions-and trouble about the coalition partner. “It is the result of an agitation, hateful campaign – not only against a proposal from the SPD, but explicitly against a clever and brave woman,” said foreign politician Adis Ahmetovic. “This development harms the coalition, but more harms it to the Federal Constitutional Court as a pillar of our democracy – the organ, which is by far most of the trust. For this broken process, the CDU/CSU – all by itself – is responsible.” A virtual special meeting of the SPD parliamentary group is scheduled for the afternoon.

Brosius-Gersdorf initially recorded her nomination. In the ZDF program “Markus Lanz”, she also explained that she would do without if the court threatened to harm. “This is a damage that I can’t answer for it.” The Federal Constitutional Court must be able to work in peace and remain functional.

The Jura professor emphasized at the time: “I also do not want to be responsible for a government crisis in this country because we don’t know what happens afterwards. These are all aspects, I take it extremely seriously and I consider it.”

Although the Union’s fraction management initially supported Brosius-Gersdorf’s nomination, she was no longer able to guarantee the support agreed with the coalition partner immediately before the planned election. The elections of the Union candidate Günter Spinner and the second SPD candidate Ann-Katrin Kaufhold were also taken from the agenda.

How the coalition partners CDU, CSU and SPD would dissolve the dilemma was completely unclear. The Union politicians held on their criticism, the SPD of her candidate.

In an earlier written statement, the lawyer clearly rejected the allegations against her. “The name of my person as ‘ultralinks’ or ‘left -wing radical’ is defamatory and unrealistic,” it says. In some media, their position on the abortion was also wrongly reported. At ZDF, Brosius-Gersdorf emphasized: “I represent absolutely moderate positions from the middle of our society.” Anyone can read this.

Brosius-Gersdorf had also reported that she received threats and suspicious pieces of post. “As a precaution, I had to ask my employees not to work on the chair,” said the lawyer on ZDF. The reporting on the constitutional judge and her person “did not go past me without a trace, not me, not my husband, my family, my entire social environment.”

The burst judge election was a slump for the black and red coalition. “We underestimated the dimension of the basic and content -based concerns of one of the candidates,” said Union faction leader Jens Spahn (CDU) in a letter to his parliamentary group. However, he also gave the SPD responsibility for the failed search for a compromise.

SPD parliamentary group leader Matthias Miersch, meanwhile, is responsible for the Union that Brosius-Gersdorf has withdrawn its candidacy. Parts of the Union faction blocked their choice, although the union originally agreed to an agreement, explained Miersch. “Not even a personal conversation with the candidate was made possible by the Union faction,” said Miersch. “This also leaves traces.” The SPD will “submit a new proposal for a suitable line -up, with a clear orientation towards professional excellence”.

Miersch also explained that he deeply regretted the withdrawal of the lawyer proposed by his parliamentary group. “She is an outstanding lawyer with excellent professional qualifications, great personal integrity and a clear democratic attitude,” said the parliamentary group leader. “The attacks that she had suspended in the past few weeks had nothing to do with a factual argument. It was the goal of an unprecedented campaign.”

The Greens also regretted her regret. They had supported Brosius-Gersdorf’s candidacy. “It is absolutely unacceptable that the CDU parliamentary group has withdrawn its support and that Frauke Brosius-Gersdorf is now categorically rejected,” said the parliamentary group heads Katharina Dröge and Britta Haßelmann. “Jens Spahn is particularly responsible for this as the group leader.