Vom Konsens zum Konflikt: Die Wahl der Bundesverfassungsrichterinnen im Wandel

Abstract

From consensus to conflict: The election of federal constitutional judges in transition

The controversy surrounding the candidacy of Prof. Dr. Frauke Brosius-Gersdorf marks a unique break with the long-established processes of electing members of the Federal Constitutional Court. While this has been characterized by non-transparent agreements and informal committees with cross-party trust for many decades, current events show that the functional conditions are no longer equally supportive in an increasingly fragmented political landscape. The Brosius-Gersdorf case is an example of the erosion of consensus mechanisms and the increased dynamics of public debates in classic and social media. Whether this is an isolated incident or the beginning of a new era in dealing with the occupation of the court remains to be seen. What is certain, however, is that political actors are faced with the task of further developing the procedure in such a way that the functionality and authority of the Federal Constitutional Court are preserved even under changed political conditions.