German judge candidate Brosius-Gersdorf retires

The 54-year-old announced this via her law firm in Bonn. The background to this is opposition in the ranks of the Christian Democratic Union (CDU/CSU) parliamentary group in the Bundestag to the candidate of the Social Democratic coalition partner SPD.

"Election ruled out"

"After careful consideration, I am no longer available for election as a judge of the Federal Constitutional Court," explained the Potsdam law professor. "The CDU/CSU parliamentary group has signaled to me very clearly in recent weeks and days - both publicly and non-publicly - that my election is out of the question. Parts of the CDU/CSU parliamentary group categorically reject my election."

There is also a threat of "unraveling the 'overall package'" for the election of judges. This would jeopardize the two other candidates for the Federal Constitutional Court, "whom I want to protect", it continued. It must be prevented that the coalition dispute over the election of judges comes to a head "and that a development is set in motion whose effects on democracy are unforeseeable".

Brosius-Gersdorf wanted to avoid damage to the court

The election of Brosius-Gersdorf and two other nominees for Germany's highest court was canceled at short notice in parliament in July. Parts of the CDU/CSU parliamentary group had reservations about Brosius-Gersdorf, who was nominated by the SPD. 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. However, she had also stated on the ZDF program "Markus Lanz" that she would withdraw if the court was threatened with damage in the debate. "That is damage that I cannot take responsibility for." The Federal Constitutional Court must be able to work in peace and remain functional.

The law professor emphasized at the time: "I also don't want to be responsible for a government crisis in this country because we don't know what will happen afterwards. These are all aspects that I take very seriously and that I consider."

Election in the Bundestag canceled

Although the leadership of the CDU/CSU parliamentary group had initially supported Brosius-Gersdorf's nomination, they were no longer able to guarantee the support agreed with their coalition partner immediately before the planned election. The elections of the Union candidate Günter Spinner and the second SPD candidate Ann-Katrin Kaufhold were also taken off the agenda.

How the coalition partners of Chancellor Friedrich Merz's CDU/CSU and the SPD, who have been in power since May, would resolve the dilemma was therefore completely unclear. The CDU/CSU politicians stuck to their criticism, the SPD to their candidate.

Brosius-Gersdorf had reported threats

In an earlier written statement, the lawyer had clearly rejected the accusations made against her. "The description of my person as 'ultra-left' or 'radical left' is defamatory and unrealistic," it says. Some media outlets had also reported incorrectly on her position on abortion. On ZDF, Brosius-Gersdorf emphasized: "I represent absolutely moderate positions from the center of our society." Anyone can read about this.

Brosius-Gersdorf had also reported that she had received threats and suspicious mail. "As a precaution, I had to ask my staff to stop working at the chair," the lawyer told ZDF. The reporting on the election of the constitutional judge and her person had "not left me unscathed - not me, not my husband, not my family, not my entire social environment."

Setback for the coalition

For the "black-red" coalition, the failure to elect a judge was a setback. "We underestimated the extent of the fundamental and substantive objections to one of the candidates," wrote Jens Spahn (CDU), head of the CDU/CSU parliamentary group, in a letter to his parliamentary group. However, he also blamed the SPD for the failure to find a compromise.