The selection of Frauke Brosius-Gersdorf as a potential judge for Germany’s Federal Constitutional Court should be viewed as a strategically beneficial choice for the center-right Union faction, according to constitutional law expert Alexander Thiele. In an interview with the “Rheinische Post”, Thiele suggested Brosius-Gersdorf represents a viable compromise candidate whose views align significantly with those of the CDU and CSU, particularly in economic areas.
Thiele cautioned that rejecting Brosius-Gersdorf could potentially lead the SPD to nominate a candidate holding significantly more progressive viewpoints, making it politically difficult for the Union to subsequently oppose.
Moreover, the law professor expressed concern that the intense scrutiny surrounding Brosius-Gersdorf’s candidacy and the public debate it has generated could deter qualified individuals from pursuing future positions on the Federal Constitutional Court. He emphasized that those in constitutional law positions inevitably hold views that may provoke disagreement and that the political sphere has a responsibility to protect candidates from undue pressure. He believes Brosius-Gersdorf has been left unsupported by political actors.
He further noted a concerning trend of online campaigns targeting Ann-Katrin Kaufhold, the SPD’s other candidate, with efforts to portray her primarily as a climate activist, highlighting a broader pattern of publicly scrutinizing potential nominees.
