The German Bar Association (DAV) has voiced concerns over a recent proposal to alter the nomination process for judges at the Federal Constitutional Court. Ulrich Karpenstein, Vice President of the DAV, cautioned against the suggestion, made by the leader of the Left Party, Jan van Aken, that his party should be granted the right to propose candidates.
Karpenstein emphasized that the Basic Law (Grundgesetz) and the law governing the Federal Constitutional Court establish a specific election procedure designed to safeguard the court’s independence and impartiality. This procedure aims to achieve a broad consensus between the Bundestag (Federal Parliament) and the Bundesrat (Federal Council), not public contention regarding alleged veto or proposal rights.
He stressed the crucial importance of the Federal Constitutional Court’s appointments and warned against allowing them to be drawn into partisan disputes and reactive political maneuvers.
Van Aken’s proposal centers on revising the nomination key, advocating for the Left Party to be included in the candidate selection process. Currently, the 16 judges of the Federal Constitutional Court are appointed equally by the Bundestag and the Bundesrat, requiring a two-thirds majority in each body for confirmation.
The current composition of the Bundestag, with representation from the Union, SPD and the Green Party, does not command the necessary two-thirds majority, necessitating their reliance on the support of parties like the Left. Traditionally, the right to propose candidates has been based on the strength of parliamentary factions. Notably, the Left Party, along with the AfD (Alternative for Germany), has not been included in this process up until now.
