A prominent figure within the Christian Social Union (CSU) has publicly defended the Social Democratic Party’s (SPD) nominee for the Federal Constitutional Court, Frauke Brosius-Gersdorf and urged for her election. Alexander Hoffmann, CSU parliamentary group leader, stated in an interview with the “Frankfurter Allgemeine Zeitung” that while she is not a candidate of the conservative Union, she is a respectable SPD nominee and certainly not a left-wing radical activist.
Hoffmann emphasized that her selection does not represent an assault on the protection of unborn life. He referenced Brosius-Gersdorf’s published legal writings, which he said have unequivocally established that the fundamental right to life does not commence at birth, but rather is present from the embryonic stage. Furthermore, she has consistently argued that the unborn’s right to be carried to term strengthens proportionally to the advancement of the pregnancy. He asserted these statements are clear enough for the CSU to support her candidacy alongside their own nominee, Günter Spinner.
However, Brosius-Gersdorf’s stance on the concept of human dignity remains a point of contention for critics and notably, within the CSU itself. Klaus Holetschek, leader of the CSU parliamentary group in the Bavarian State Parliament, recently expressed reservations regarding certain of Brosius-Gersdorf’s statements, particularly concerning the “weighing” of human dignity, citing his own Christian values as the basis for his concerns.
The upcoming election of three judges for the Federal Constitutional Court has triggered a lively debate in Berlin’s political circles. The coalition government, comprised of the CDU/CSU, SPD and Greens, lacks the decisive two-thirds majority needed for election without the support of other parties. The debate centers primarily on the positions held by SPD nominee Frauke Brosius-Gersdorf and the reluctance some within the conservative bloc have shown in endorsing her. The CDU/CSU’s proposed candidate is Günter Spinner. The SPD has also nominated Ann-Katrin Kaufhold.
The 16 judges of the Federal Constitutional Court are elected equally by the Bundestag and the Bundesrat. A two-thirds majority is required in both chambers for election. Historically, parties have informally agreed on a distribution key based on their relative size to secure this majority. Following the recent federal election, the combined strength of the CDU/CSU, SPD, Greens and FDP does not guarantee a two-thirds majority in the Bundestag; requiring potential support from parties such as the Left or the AfD. Should the Bundestag fail to elect judges, the Bundesrat, where state governments comprised of CDU/CSU, SPD, Greens and FDP retain a two-thirds majority, could instead fill the positions in Karlsruhe.
