Former German Constitutional Court judge Dieter Grimm has urged the governing coalition parties, the CDU/CSU and the SPD, to swiftly conclude the outstanding appointment of judges to the Federal Constitutional Court.
In comments to the “Handelsblatt” newspaper, Grimm suggested the SPD will likely seek greater assurances regarding their new nominee following the failure of the previous attempt. He anticipates the CDU/CSU will provide these assurances, recognizing their own interest in resolving the matter. “Once that has happened, there is no reason to delay any further” he stated, calling for the scheduling of meetings within the selection committee and the Bundestag “as quickly as possible”. Grimm believes corresponding discussions between the two parties are already underway.
The previous attempt to appoint a judge stalled before the summer recess, as elements within the CDU/CSU parliamentary group opposed the SPD’s original candidate, Frauke Brosius-Gersdorf. Objections centred, in part, on her publicly stated positions regarding abortion. While initially nominated by the selection committee, Professor Brosius-Gersdorf has since withdrawn her candidacy, requiring the SPD to put forward a new nominee.
Grimm expressed concern over the nature of the debate surrounding Brosius-Gersdorf’s candidacy, noting that “false claims, disparagement and accusations” regarding a position demanding legal expertise and impartial consideration of arguments do not inspire confidence in seeking further public debate.
He highlighted that three Constitutional Court judges still need to be appointed, noting that two candidates – Günter Spinner, supported by the CDU/CSU and SPD nominee Ann-Katrin Kaufhold – have been largely uncontested. The SPD now needs to secure sufficient support-eight out of twelve votes in the selection committee and a two-thirds majority in the Bundestag-for its new nominee to fill the third vacancy.
