00 AM to address internal discussions concerning the selection of Frauke Brosius-Gersdorf, the SPD’s proposed candidate for the Federal Constitutional Court.. Reports from leading circles within the group, as reported by the Redaktionsnetzwerk Deutschland, indicate an ongoing debate surrounding Brosius-Gersdorf’s established liberal viewpoints on issues related to abortion.
While Chancellor Friedrich Merz (CDU) is optimistic that a majority will be secured during Friday’s parliamentary vote on three judicial candidates for the Federal Constitutional Court, the process is not without complexities. CSU State Group Leader Alexander Hoffmann described Brosius-Gersdorf as “a respectable candidate from the SPD – and certainly not a left-wing activist”. However, faction sources acknowledge the existence of divergent opinions regarding the law professor’s suitability within the parliamentary group, an observation underscored by the discussions held during a faction meeting on Monday.
The 16 judges of the Federal Constitutional Court are elected in equal measure by the Bundestag and the Bundesrat. Both institutions require a two-thirds majority for the election to be valid. Historically, a distribution key, based on the relative size of the parties involved, has been informally agreed upon to facilitate the attainment of these majorities. Following the latest Bundestag elections, the combined strength of the CDU/CSU, SPD, Greens (and previously the FDP) no longer guarantees a two-thirds majority. Consequently, the votes of parties such as the Left or the AfD may be required for a successful election within the Bundestag. Should the Bundestag fail to elect the constitutional court judges, the Bundesrat can assume responsibility for filling the positions in Karlsruhe. Within the Bundesrat, the joint strength of the CDU/CSU, SPD, Greens and FDP continues to permit a two-thirds majority.
