FDP Criticizes Left Party’s Proposal for Judicial Nomination Rights at Federal Constitutional Court
The Free Democratic Party (FDP) has voiced strong criticism of the Left Party’s demand for a direct right to propose candidates for the Federal Constitutional Court. Wolfgang Kubicki, Deputy Party Chairman, stated to the Rheinische Post that “the Federal Constitutional Court is not a place for party disputes”. He cautioned against replicating the situation in the United States, where judicial elections are frequently politicized by those charged with upholding the constitution.
Kubicki accused Jan van Aken, leader of the Left Party, of attempting to leverage the Constitutional Court elections for “partisan gains”. Van Aken had proposed altering the nomination process to grant the Left Party a say in the selection of judges. He questioned the FDP’s current access to the process, stating, “I don’t see why the FDP should now have an access right and we don’t.
The ruling Christian Democratic Union (CDU) has responded cautiously to the Left Party’s proposal. Sources within the CDU parliamentary group emphasized that the Federal Constitutional Court is “a guarantor for the neutrality and stability of the rule of law” and its reputation relies on a “cross-party and broadly supported election process”. They argued that granting proposal rights to the Left Party or the Alternative for Germany (AfD) could “jeopardize this balanced system” potentially leading to increased political polarization and disputes.
The 16 judges at the Federal Constitutional Court are elected equally by the Bundestag (parliament) and the Bundesrat (federal council), requiring a two-thirds majority in each chamber. This has historically led to informal agreements among parties regarding the allocation of votes based on their size. With the current coalition of CDU/CSU, SPD and Greens no longer holding a two-thirds majority in the Bundestag, they now require the support of the Left Party or the AfD to secure the necessary votes for judicial appointments.
