Schwerdtner warns: CDU could elect constitutional judges with AfD!

Schwerdtner warns: CDU could elect constitutional judges with AfD!

Next Friday there will be a crucial election in the Bundestag: the nomination of new constitutional judges for the Federal Constitutional Court. Despite the shattered relationship with the Union, the Left is open to an agreement. Ines Schwerdtner, the leader of the Left, does not rule out approval of the election and calls for dialogue, especially since the CDU has the responsibility to secure a stable majority. She emphasizes that the decision, which is still completely open, must be taken together and warns against carelessly rejecting the voices of the left. “If you exclude the Left from the outset, you could end up having to rely on votes from the AfD,” emphasizes Schwerdtner.

Parallel to these developments, Clara Bünger from the Left speaks out. She expresses the wish for her own right of nomination for the election of constitutional judges and emphasizes the importance of dialogue. On Friday, the political forces in the Bundestag must pull together to create stable conditions, as the need for a two-thirds majority to elect judges is high. This results from the current situation in which the Union will nominate one candidate, while the SPD would like to nominate two candidates. With the FDP's exclusion from the Bundestag, the Left has a bigger role than many people think.

The political situation

The Union's line of non-cooperation with the Left further complicates the situation. The CDU has categorically ruled out cooperation with the Left with an incompatibility resolution. However, dialogue has been sought several times in the last few weeks, with the Union finding itself in a quandary. If you break off contact with the left, you still have the option of having to rely on the AfD's votes in the election.

A parliamentary structure is regulated by the existing nomination process, which includes 16 judges in two senates, half of which are elected by the Bundestag and half by the Bundesrat. Since 2018, the election has been regulated by a fixed formula (3-3-1-1), which can no longer be maintained in the current political constellation. So the discussions about the nominations are not going as usual.

The uncertainties of the nomination

The Bundestag's election committee voted on the replacement of judges on Monday evening. Uncertainty over the nominations has already caused tensions within the coalition, particularly over an SPD candidate seen as “ultra-left”. Voting on the candidates will take place separately: the Union candidate will be voted on first, followed by the SPD candidates.

In addition to the current political situation, it is essential to consider the legal framework. Recent rulings by the Federal Constitutional Court have shown that the discussion about the 5% threshold and its legal validity remains a hot topic. The decision to cover the second vote shows how crucial the current elections will be for the future of the political structure in Germany. In a judgment dated July 30, 2024, it was emphasized that the 5% threshold is incompatible with the Basic Law, which particularly affects the role of the left, which must concentrate on protecting its rights.

Negotiations in the next few days could be the key to a stable political coalition in Germany, while at the same time the role of the parties needs to be renegotiated. Schwerdtner demands that the Left be actively involved in the reform of the debt brake in order to stabilize the party political landscape. “We want to make suggestions and participate in the vote,” she concludes.