Germany Constitutional judge: German SPD criticizes coalition partner
Following the withdrawal of their candidate for constitutional judge Frauke Brosius-Gersdorf, the German Social Democrats expect more reliability and loyalty from their Christian Democrat coalition partners.
08.08.2025, 10:01
SDA
Justice Minister Stefanie Hubig, from the Social Democratic SPD, told the German Press Agency (dpa) that "campaigns" should not lead to the loss of talented and qualified candidates - and especially female candidates. "We must learn from this - all together. It's about a better culture of discussion and about being better able to withstand such attacks on democracy in the future."
The election of Potsdam law professor Brosius-Gersdorf and two other candidates for the Federal Constitutional Court was canceled at short notice in the Bundestag in July because the opposition in the parliamentary group of the Christian Democratic Union (CDU and CSU) to the SPD candidate had become too great. The parliamentary party leaders of Chancellor Friedrich Merz's camp were unable to guarantee the support promised to their coalition partner, the SPD. SPD parliamentary group leader Matthias Miersch wrote in a letter to his MPs that the CDU and CSU must now commit to the rules of governance. "Sustainable compromises are only possible if promises are kept. Only then can we regain trust and secure the ability to act politically."
The CDU/CSU leadership had initially repeatedly signaled its approval of Brosius-Gersdorf. "The fact that central parts of the CDU/CSU parliamentary group ultimately distanced themselves from this not only shakes trust, but also calls into question the foundation on which democratic cooperation is even possible."
Miersch continued: "Perhaps some of you are wondering how resilient this coalition still is if the other partner does not stick to agreements. In the state in which the CDU/CSU parliamentary group presented itself during the election of judges, this question is justified."
Brosius-Gersdorf withdraws from candidacy
Brosius-Gersdorf, who is particularly controversial within the CDU/CSU, announced on Thursday that she would no longer be available to stand for election as a judge at the Federal Constitutional Court. She had received a very clear signal from the CDU/CSU parliamentary group that her election was out of the question, according to a letter distributed by a Bonn law firm. The 54-year-old constitutional law expert also criticized parts of the media, even if the reporting had then become more objective.
The reasons given included statements on abortion and a possible compulsory vaccination in coronavirus times. Shortly before the planned election, plagiarism investigator Stefan Weber also raised questions about the constitutional law expert's dissertation. Brosius-Gersdorf had initially held on to her nomination.
Left party demands a say
Ines Schwerdtner, leader of the Left Party, told the portal t-online that the events surrounding Brosius-Gersdorf were an indictment of the federal government. Union faction leader Jens Spahn did not have his faction under control and the Social Democrats had "the assertiveness of a sleeping rabbit". A government will not be able to last four years like this. In future elections of judges in the Bundestag, Schwerdtner is calling for a right of nomination and a seat at the table for her party.
Ralf Stegner, SPD member of the Bundestag, told Redaktionsnetzwerk Deutschland (RND) about Brosius-Gersdorf's withdrawal: "The day will go down in history as the day on which the right-wing mob celebrated its first triumph. The democratic parties proved to be defenceless in the face of this." The CDU/CSU must finally understand what kind of breach of the dam it has enabled.
"A mixture of malice, negligence and sleepwalking contributed to this," said Stegner. "A repetition of such an incident must be ruled out. Merz and Spahn must publicly signal that they have understood what is at stake."
Brosius-Gersdorf's withdrawal may solve the blockade surrounding the election of the judges, but it also presents the coalition with a new (old) problem: finding the necessary two-thirds majority in the Bundestag to elect their candidates.
The CDU/CSU could have ended up relying on votes from the right-wing populist AfD - the second strongest parliamentary group in the Bundestag - in the election that fell through in mid-July. Both the CDU/CSU and the other parliamentary groups would like to avoid this. However, the CDU/CSU parliamentary group rejected talks with the Left, whose votes could then become necessary.
