Bundestag Faces Critical test in Judge Election for Federal Constitutional Court
BERLIN – The German Bundestag is undertaking a second attempt today to elect new judges for the Federal Constitutional court, a process fraught with political risk and potential for deadlock. The outcome hinges on securing two-thirds majorities for each of the three nominees – a threshold of 420 votes if all members of parliament participate.
The current parliamentary arithmetic presents a significant challenge. The combined votes of the Union and SPD total 328, with the Greens adding another 85, bringing the total to 413.This leaves the governing coalition short by at least seven votes, and both major parties have stated thier unwillingness to rely on support from the AfD. The left Party holds the key, but their willingness to provide those votes remains uncertain.
Ines Schwerdtner, chairwoman of The Left Party, stated on Deutschlandfunk that her party has “repeatedly signaled the Union [CDU/CSU] our willingness to engage in talks.” She criticized the union’s refusal to accept this offer as “risky and irresponsible,” and emphasized the importance of today’s coordination as a test of the federal goverment’s ability to secure the necessary majorities.
A failure to elect the judges would be a major political setback for the coalition government. However, a mechanism exists to circumvent a parliamentary impasse: if no agreement is reached in the Bundestag, a replacement voting process scheduled for the end of 2024 could be triggered, potentially shifting the power to appoint judges to the Federal Council.
The election of judges to the Federal Constitutional Court is crucial,as these appointments will shape the interpretation of German law for years to come. The court plays a vital role in safeguarding the constitution and protecting fundamental rights. This report was originally aired on September 25, 2025, on Deutschlandfunk radio.
