Negotiations surrounding the upcoming appointments to the Federal Constitutional Court are reaching a critical juncture, with the government’s chief of staff, Thorsten Frei, indicating a reluctance to grant the Left Party a formal right to propose candidates. Frei, in a recent television interview, stated that such a concession would not be considered in exchange for the Left Party’s support in securing the necessary two-thirds majority in the Bundestag for the appointments.
Frei highlighted an alternative procedure should a two-thirds majority prove unattainable within the Bundestag. This stipulates that, in such a scenario, the authority to appoint would transfer to the Federal Council, a body representing the country’s federal states. “It’s not as if we’re trapped and necessarily require a solution within the Bundestag” he explained. “We are aiming for that, but it’s not mandatory.
A close advisor to Chancellor Friedrich Merz, Frei expressed confidence that the ruling coalition of the Christian Democratic Union (CDU) and the Social Democratic Party (SPD) would ultimately reach an agreement to fill the three vacancies on the court. He dismissed the possibility of requiring a special parliamentary session during the summer months for this purpose. Frei stressed the importance of compromise, emphasizing that “it’s clear that one must move towards each other and that means stepping down from maximal positions”. The coming weeks are expected to see intensified efforts to find common ground and secure the vital appointments.
