Left Party angered by judge election: "Once again, the process has been torpedoed by the coalition and leaks"

If the CDU/CSU and SPD don't want to elect the new constitutional judges in the Bundestag with the AfD's votes, they will have to rely on the Greens and the Left Party. The Left Party, however, is keeping quiet: There's a possibility that CDU candidate Günter Spinner "will be the first candidate for whom the right to vote is transferred to the Bundesrat," says Clara Bünger, the Left's domestic policy spokesperson. She accuses the coalition of once again torpedoing the process. Bünger is particularly critical of the CDU/CSU: "At least 30 members of the CDU and CSU are obviously willing to join forces with the AfD."

ntv.de: When and how did you learn about Sigrid Emmenegger's nomination?

Clara Bünger: We only found out about it very shortly before the name became public.

Isn't this an unusual approach? Isn't the usual procedure for the names to be announced only once the majority of the candidates is secured?

It's at least customary for the parliamentary groups to be given the opportunity to address the personnel issue. We would have expected that in this case as well. We haven't been able to do that so far. We simply haven't had enough time. Therefore, the actions of the governing parties surprised and angered us. In our view, this is unacceptable. Once again, the process has been torpedoed by the governing parties and leaks. Unfortunately, one has to say that the election process went awry right from the start.

So you have not yet decided whether you personally will vote for Sigrid Emmenegger in the Judicial Election Committee and whether your parliamentary group will later vote for Sigrid Emmenegger in the Bundestag?

We on the Left want to follow a regulated procedure: to deal with the personnel issue in detail and engage with the person, to discuss it within the parliamentary group, and then to be able to cast a confident vote.

What about the other candidates, Ann-Katrin Kaufhold and Günter Spinner, who have been announced since July? You've already had a look at them.

We were able to do that. But the failed election before the summer break was a turning point. Therefore, in our view, there is no longer any automatic guarantee that we will approve the candidates proposed by the SPD and the CDU/CSU. Driven by the right, the CDU/CSU ran a campaign against Frauke Brosius-Gersdorf, which ultimately even led to death threats against her. Therefore, we want to return to a regulated process first. Therefore, as a parliamentary group, we are considering how we will conduct ourselves. This process will take place next week.

Nothing is known about Ms. Emmenegger's positions on controversial issues; according to the unanimous verdict, she is not capable of causing a scandal. Christian Rath writes in the "Legal Tribune Online" that "one could now debate at length whether the SPD is acting wisely or cowardly here." What would be your assessment?

We're not concerned with whether the SPD is acting wisely or cowardly. After Frauke Brosius-Gersdorf's failed election, it might have been a good idea to show courage and not give in. But the SPD has to figure that out for itself. The Federal Constitutional Court is important to us, so we can't play games there and torpedo the usual procedures.

The Greens only want to vote for candidates who are also supported by the Left Party. This is intended to prevent a judge from achieving the necessary two-thirds majority solely with the help of the AfD. This means that the decision ultimately rests with your party.

The Greens must decide for themselves what they do. We, as the Left Party, bear responsibility for our decisions. And because this decision is so important, and because it's not an easy question for us given what happened before the summer recess, we must view it in a broader context. Therefore, we will take sufficient time. In any case, it is a disgrace that the CDU/CSU failed to secure stable, secure majorities. Instead, July clearly showed how divided it is: parts of the party are already very radically conservative, and at least 30 members of the CDU and CSU are apparently willing to join forces with the AfD. If a blue-black coalition looms on the horizon, but we also know that the AfD wants to abolish democracy and politicize the Federal Constitutional Court for its own purposes, then we must ensure that this court does not become a plaything of party tactics. We must strengthen the institutions that are important for preserving democracy. At the same time, we as the Left are taking a clear stance: what the Union did before the summer break must not be repeated.

The Union faction has still not held any talks with your group?

So far, the Union hasn't officially approached us. We've always said we're willing to talk. But we're also not going after a Union that hasn't understood that it's part of the problem.

Are you afraid that you as a parliamentary group will end up being criticized no matter what? If you refuse to consent, you could be accused of at least indirectly damaging the Federal Constitutional Court. And if you do consent, some in your party won't be thrilled that you helped install a conservative judge—the labor court judge Spinner, proposed by the CDU/CSU. That's a real dilemma for you.

The responsibility here lies primarily with the governing parties. They must initiate a process that rules out majorities with the AfD. This is the scandal that must be discussed. We are aware of our responsibility. I don't know whether that is also the case with the CDU/CSU and SPD.

But the Bundestag election is secret, and the AfD has already announced that it will vote for Günter Spinner. If you don't vote for him, he could be the first constitutional judge to be elected with AfD votes.

That would be disastrous. But the CDU/CSU has had sufficient time to consider how to achieve a majority without the AfD. Unless, of course, they want it that way. However, there's also the possibility that Mr. Spinner will be the first candidate whose right to vote is transferred to the Bundesrat. Legally, that would be possible if the Bundestag cannot reach an agreement. Theoretically, this could happen at the next Bundesrat meeting, on September 26.

Hubertus Volmer spoke with Clara Bünger