The German Bundestag on Thursday confirmed three new judges to the Federal Constitutional Court. Günter Spinner secured his position with 424 votes in favor, 178 against and 11 abstentions. Sigrid Emmenegger garnered substantial support, receiving 446 affirmative votes, with 161 members of parliament dissenting and six abstaining. Ann-Kathrin Kaufhold was also elected, receiving 440 votes for and 166 against, plus seven abstentions.
Confirmation of Constitutional Court judges requires a two-thirds majority within the Bundestag. Achieving this necessitates broader support beyond the governing coalition, typically involving collaboration with parties like the Greens and the Left, or alternatively, the AfD. Prior indications of support from the Greens and the Left for SPD-nominated candidates Sigrid Emmenegger and Ann-Kathrin Kaufhold made their election widely anticipated.
The support for Günter Spinner’s candidacy proved more complex. Due to reported disagreements between the CDU/CSU (Union) and the Left regarding broader parliamentary consensus, the Left initially refrained from definitively stating the level of support they would offer Spinner. The AfD had previously signaled their intention to back Spinner’s bid. Ultimately, his victory margin was only marginally larger than the combined votes of the Union, SPD and Greens.
Günter Spinner will now succeed Josef Christ, previously a judge in the First Senate of the Federal Constitutional Court. Ann-Kathrin Kaufhold will replace Ulrich Maidowski in the Second Senate and Sigrid Emmenegger, formerly a judge at the Federal Administrative Court, will succeed Doris König in the Second Senate. The last-mentioned candidate was nominated by the SPD following a shift in strategy by the Union, who withdrew their promised support for the initially proposed candidate, Frauke-Brosius Gersdorf, prior to the summer recess.
Each of the two senates of the Federal Constitutional Court, each composed of eight judges, is elected by the Bundestag and the Federal Council, respectively, each requiring a two-thirds majority, for a term of twelve years. Judges continue to perform their duties until successors are appointed.
