Coalition: coalition peace with a progressive judge?

This time everything should run differently when choosing the new constitutional judges. In July, the coalition failed in trying to determine two new judges and a judge for Karlsruhe. The coalitioners went into the summer break without a solution, in an excited mood and partly with huge trouble in the stomach. Union faction leader Jens Spahn (CDU) seemed counted. How should a new edition of such a debacle be prevented with the new candidate Sigrid Emmenegger?

Why did the SPD come on Emmenegger?

“In addition to the excellent technical expertise, we were also important to us to set up a strong progressive woman again,” says the deputy SPD parliamentary group leader Sonja Eichwede. The legal politician praises the “outstanding lawyer and recognized judge”. Emmenegger’s Senate at the Federal Administrative Court, where she has been a judge since 2021, is responsible, among other things, for the right to expand energy management, building and land law as well as nature and landscape protection law. Sounds technically, but their advocates praise Emmenegger for an advanced approach committed to the common good. In view of the importance of infrastructure and energy network expansion, this is described as a decisive quality of the candidate.

What was the first step?

Emmenegger, as the new SPD candidate, introduced herself to the Union and SPD parliamentary group tours. The first parliamentary managing directors of the Union faction, Steffen Bilger (CDU), and the SPD, Dirk Wiese, then praised the “personal and professional suitability for the office”. CSU state group leader Alexander Hoffmann said that the candidate brought “the necessary level of reluctance” for the office. “It was a point that had employed many of my colleagues in the past.”

What went wrong with the attempt to vote in July?

The faction tours had also agreed at the time. Not only that: Despite the existing resistance in the Union in July, the election committee of the Bundestag had spoken out for the Jura professor Frauke Brosius-Gersdorf, as well as for the second SPD candidate, Professor Ann-Katrin Kaufhold, and for the judge Günter Spinner proposed by the Union. However, three days later, the also necessary coordination in the plenum about the three proposals were taken from the agenda of the Bundestag at short notice. In the Union faction, massive resistance to Brosius-Gersdorf had built up after it was attacked, among other things, due to positions on the right to abortion in social media.

How was the failure evaluated?

The government alliance of Chancellor Friedrich Merz (CDU) seemed to be in the mode of dispute less than three months after his start, which was known to be by the traffic lights. There was talk of a “failure with an announcement”, “lack of compromise” and “amateurism”.

How big is the danger that this will be repeated?

Very low. The bursting of the judge’s election in July showed everyone, which means the question for coalition peace and the continued existence of the government alliance. So far, no positions are known from Emmenegger that could cause greater resentment in the Union. A residual risk remains because the election in the Bundestag is secret. But that should be manageable. The Union’s parliamentary group management will still be on the safe side and now listen to the faction again. The next parliamentary group meeting is next Tuesday. The judge’s election should be an issue.

What is the further procedure?

Emmenegger must first be nominated by the Bundestag election committee with a two -thirds majority. It is expected that the meeting will take place in the week from September 22nd, probably on the 23rd in the same week the coordination in the plenum could be set. A two -thirds majority of the votes cast is also required there. This means that the coalition is dependent on voices from the opposition.

How do the Greens and Left see the candidate?

Greens and the left are primarily upset about the procedure. “It is plentiful that you are not waiting for our feedback in view of the history,” said Green Group leader Britta Haßelmann to the magazine “Stern”. The left complains that it was not included before the name was made public. “This is a questionable development,” said the legal policy spokeswoman Clara Bünger of the German Press Agency. Both the green and the left now want to check in peace whether they get involved in the proposal. “There is no automatism for our consent,” said Bünger.

What are the difficulties in the judge’s election?

Even if the new SPD candidate should also meet the Greens and Left, another question remains: Does the labor judge Günter Spinner Günter Spinner, who was established by the CDU/CSU, may only be in office with votes from the AfD? If all factions are represented according to their relative strength, the voices of the three government parties CDU, CSU and SPD as well as the Greens are not sufficient for a two -thirds majority. It would then need votes from the AfD or the left. However, the Union rejects a collaboration with both, but left votes are needed if you do not want to be dependent on the AfD.

The Green Group states that the Union and the SPD are now responsible for ensuring a democratic majority for all candidates. This can be understood in such a way that the support of the Greens is not certain if it would be foreseeable to the AfD.