Amid ongoing appointments to fill several vacant positions at Germany’s Federal Constitutional Court, former judge and constitutional law expert Susanne Baer has urged for the selection of individuals demonstrating “courage, expertise and willpower” to effectively fulfill such a significant role.
Baer, speaking to “Der Spiegel”, cautioned against the dangers of appointing weaker judges, stating they are prone to ideological biases. She emphasized that political affiliations typically diminish within the court, noting that while candidates may previously identify with a political party, their perspective often shifts once on the bench. Baer also argued against disqualifying candidates based on prior stances on specific issues, warning that selecting only those with “unwritten sheets” would be detrimental.
While acknowledging the right of the Alternative for Germany (AfD) to propose candidates, Baer expressed skepticism about their adherence to constitutional principles, citing concerns raised in security reports regarding the party.
Baer also underscored the value of incorporating individuals with political experience into the court. She believes practical experience with constitutional matters and a realistic understanding of Germany’s political landscape are crucial for informed decision-making, particularly in assessing how much time to allow lawmakers to remedy constitutional violations. However, she stressed that the number of such appointments should be limited.
Baer noted that while there’s potential for increased diversity on the bench, a constitutional court should remain an independent institution rather than a direct reflection of societal demographics.
Regarding the persistent representation of the Social Democratic Party (SPD), holding only 16% of seats in the Bundestag, Baer cautioned against altering the electoral arithmetic to disproportionately empower any single political faction. She advocated for a balanced court, acting as a diverse check on power rather than mirroring parliamentary majority calculations.
