Negotiations surrounding the nomination for a vacant seat on the Federal Constitutional Court are facing increased uncertainty, according to recent statements from Bavarian Minister President Markus Söder. Söder, leader of the Christian Social Union (CSU), indicated a waning level of support within the Union for Frauke Brosius-Gersdorf, who had been jointly proposed by the CSU and the Social Democratic Party (SPD).
Söder suggested that the SPD may need to reconsider its proposal, acknowledging the likelihood of Brosius-Gersdorf failing to secure a majority. He emphasized that pushing forward against the current lack of consensus could ultimately be counterproductive, stating the “wall” of opposition would prove stronger.
While recognizing Brosius-Gersdorf’s expertise as a “highly competent jurist” Söder cited the politicization of the nomination process as creating a perception of bias that could compromise the court’s impartiality.
The coalition partners have until after the summer recess to reach a resolution. Söder emphasized that the Constitutional Court remains fully functional and urged a period of de-escalation to allow for fresh discussions and a renewed effort towards consensus.
