Political Dispute Delays Election of Germany's Federal Constitutional Court Judges

The election of new judges to the Federal Constitutional Court in Germany has been postponed following a significant political dispute. Central to this controversy is the rejection of Frauke Brosius-Gersdorf, the SPD candidate, by the Union faction. The Union's opposition stems from allegations of plagiarism linked to Brosius-Gersdorf's academic work, as well as her liberal stance on issues such as abortion and mandatory vaccination. These allegations have led to heightened tensions within the governing coalition.

In response to the Union's objections, the SPD accused them of launching a smear campaign against Brosius-Gersdorf. This escalation prompted a special session called by the SPD, resulting in a collective decision with the Union to remove the topic of judge elections from the agenda. Other parties, including the Greens and the Left, supported this postponement, while the AfD criticized the delay.

The Bundestag's inability to elect successors in a timely manner means that current judges will continue to serve in an acting capacity. According to protocol, the Bundestag should elect new judges within two months after a term ends. However, with the current impasse, the Bundestag may request proposals from the court itself for new candidates, although it is not obliged to follow them. If the Bundestag remains deadlocked three months after receiving these proposals, the task of selecting judges could pass to the Bundesrat.

This postponement not only impacts the immediate appointment of judges but also raises concerns about the selection process's transparency and integrity, potentially influencing the reputation of Germany’s highest court.