A prominent legal scholar has voiced strong criticism regarding the ongoing debate surrounding the prospective Federal Constitutional Court judge, Frauke Brosius-Gersdorf. Alexander Thiele, Professor of Public Law at the BSP Business & Law School in Berlin, addressed the matter in an interview with the ARD Tagesthemen on Tuesday.
Thiele emphasized the unusual nature of the situation, highlighting that Brosius-Gersdorf was not a candidate seeking the position, but rather was approached by political parties. He expressed concern over the public portrayal of Brosius-Gersdorf, describing it as marred by “unfounded defamation and hostility”. He further asserted that she had not received adequate protection within the political sphere.
The professor specifically addressed accusations characterizing Brosius-Gersdorf as left-wing activist, arguing that these claims had escalated progressively, leading to her being deemed unsuitable, undemocratic and even a threat to the foundations of the German constitutional order. Thiele firmly rejected these characterizations.
He underscored the inherently political nature of constitutional law, stating, “The entirety of constitutional law is political”. The remarks prompted reflection on the process of judicial selection and the potential impact of public perception within legal circles.
