Will the election of the constitutional judges be a political roller coaster ride?

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On July 8, 2025, the Bundestag election committee will propose candidates for three judge positions at the Federal Constitutional Court.

Am 8.07.2025 schlägt der Wahlausschuss des Bundestags Kandidaten für drei Richterstellen am Bundesverfassungsgericht vor.
On July 8, 2025, the Bundestag election committee will propose candidates for three judge positions at the Federal Constitutional Court.

Will the election of the constitutional judges be a political roller coaster ride?

Things will be exciting in the Bundestag next Friday, because the election committee has now announced its recommendations for the three judge positions to be filled at the Federal Constitutional Court. Loud Mainpost A Union candidate and two candidates from the SPD are up for election. The names are: Günter Spinner, currently a judge at the Federal Labor Court, and the SPD representatives Frauke Brosius-Gersdorf and Ann-Katrin Kaufhold.

The final decision on the judges will be made on Friday in the plenary session of the Bundestag, where a complicated vote will take place in two secret ballots. The Union candidate is elected first, followed by the two SPD candidates. A two-thirds majority of the votes cast is required for both ballots, which could well be challenging given the current political constellation in which the CDU/CSU and the SPD, along with the Greens, do not have a majority daily news reported.

Political tensions and challenges

The electoral process is accompanied by political tensions. Frauke Brosius-Gersdorf in particular is under pressure because her support for compulsory vaccination during the corona pandemic has met with resistance in the Union parliamentary group. Jens Spahn (CDU) is nevertheless optimistic and believes that all three candidates can be elected. The AfD has already announced that it wants to vote for the Union candidate, but rejects the SPD candidates.

The Left, on the other hand, is actively calling for talks with the Union in order to negotiate issues that also affect the judge's position. An agreement between the parties does not seem easy given the difficult majority situation, because the Union bloc is under pressure due to internal differences. For example, it is feared that the AfD could exploit the resulting uncertainty to cause unrest, reports Time.

Important election mechanisms and deadlines

The election itself is carried out half by the Bundestag and half by the Bundesrat, with the Bundestag currently being responsible for the replacements. In the last federal election, the majority ratio changed, which made voting even more complicated. For judges to be elected, an absolute majority of at least 316 votes is needed, meaning votes from either the Left or the AfD could be needed.

The term of office of the newly elected judges ends after 12 years or when they reach the age of 68, and the appointment is made by the Federal President. Given the current challenges and political power games, it remains to be seen how the situation in the Bundestag will develop.