Federal Constitutional Court: Coalition breaks up – election of the constitutional judges

Relief in the coalition: In the second attempt, the Bundestag chose three nominated judges for the Federal Constitutional Court. As Bundestag Vice President Andrea Lindholz announced, the candidates Sigrid Emmenegger and Ann-Katrin Kaufhold nominated by the SPD and the Union candidate Günter Spinner received the necessary two-thirds majority-for 613 votes cast.

There were 446 votes in favor of Emmenegger, 161 MPs voted against the lawyer who comes from the Federal Administrative Court in Leipzig. 440 MPs spoke out for the law professor Ann-Katrin Kaufhold. According to the information, the administrative judge Spinner received 424 votes in favor.

The judge tortured the coalition for eleven weeks

The Union and the SPD have thus left a conflict that has heavily burdened the coalition for eleven weeks – almost all summer. In the first attempt, the election had burst in July because the resistance to the SPD candidate Frauke Brosius-Gersdorf in the Union, among other things, had grown to abortion so that parliamentary leader Jens Spahn (CDU) pulled the ripcord. The election was discontinued at short notice, the SPD saw the confidence in the coalition heavily shaken.

The Potsdam constitutional lawyer later waived her candidacy after some hesitation. In her place, Emmenegger was now elected, against which there were no objections in the Union.

Satisfied coalitioners – and a trace of self -criticism

Especially Union faction leader Jens Spahn (CDU) should have a stone from the heart when the election result was announced. The election disaster from July had been blamed because he had not recognized the mood in the faction in good time. He therefore emerges from the conflict.

“With this choice today, a phase of uncertainty ends that started with the deposed judge election in July,” said Spahn after the vote. The coalition of the Union and SPD has now “stepped up” again.

The SPD parliamentary group leader Matthias Miersch also thanked the Greens and the Left Party and spoke of an important day for democracy in Germany. With a view to the coalition, he announced “that we are now working constructively the things that people are very waiting for”.

CSU state group leader Alexander Hoffmann said – without calling specific parties – he would like to thank everyone who had contributed to the success of the vote and thus demonstrated “state -political responsibility”. The coalition was able to act and capable of decision, emphasized Hoffmann.

Cabinet exam is supposed to bring a break -in signal

The coalition can now look ahead. In the weeks after the summer break, she initiated a number of confidence -building measures after her start. These included a closed conference of both coalition factions in Würzburg, a barbecue from the Union and SPD MPs in Berlin, a joint Kiev trip by the leader of the parliamentary group and a joint visitor to the Oktoberfest of the party leader.

Now the most annoying topic of the first coalition months has been cleared and you can devote yourself to the announced reform projects in the social, health and economic sector. According to the government parties’ ideas, a departure signal is to end from the cabinet exam in the coming week in Villa Borsig am Tegeler See in northwestern Berlin. Above all, concrete measures for state modernization should be decided there.

What role did the AfD play?

Since the choice was secret, there are also unpleasant questions open. Especially one thing: what role did the AfD play? It cannot be determined whether one of the two -thirds majorities only came about with votes from the AfD.

This depends, among other things, on how closed the coalition voted for your candidates. Against Kaufhold, for example, there were a few concerns about their attitude towards climate protection and socializing in the Union.

What did Merz attack do with the Greens?

Some observers wondered whether it was smart with regard to the judge’s election that Chancellor Friedrich Merz (CDU) had sharply attacked the second largest opposition faction in the general debate on Wednesday. However, it was heard from the ranks of the Greens, more decisive than the Chancellor’s rhetoric is that the Bundestag demonstrates its ability to act.

The Grünen faction leader, Britta Haßelmann, said after the election that, especially after the “dirt campaign” against Brosius -Gersdorf, it was important that the Bundestag has now shown that “constitutional judges can be chosen” with democratic majorities “.

The left was angry because the Union did not want to talk to it about the candidate spinner. Finally, the parliamentary group decided to release the voting behavior to its MPs. It is good that “the tremor is over,” said left-wing MP Clara Bünger. The Union must ensure that such a process does not repeat itself.

Before the election, the AfD had announced a rejection of Kaufhold, but did not make any objection to the other two. When asked whether AfD MPs had voted for spinners, the parliamentary managing director, Bernd Baumann, replied, he did not know, because the choice was secret, but “many could imagine that”.

Union, SPD and Greens together, 413 MPs and thus seven less than two thirds of all parliamentarians. However, individual parliamentarians were missing from almost all factions. Only the SPD reported complete.

Appointment of the judges planned for the beginning of October

The three new constitutional judges have to wait a few more days after their election before they can get their offices in Karlsruhe. The appointment by the Federal President is planned for the beginning of October. The election of the new Vice President of the Federal Constitutional Court is already scheduled for this Friday. Kaufhold is proposed for this post.

The German judge (DRB) is satisfied that the vacant positions in Karlsruhe can now be filled. His federal manager Sven Rebehn still takes a critical look back. He says that the burst election in July cost trust – “not only within the coalition, but especially among the population, which can expect an orderly and outstanding importance of the Federal Constitutional Court”.