On its second attempt, the Bundestag has elected three new judges to the Federal Constitutional Court. On Thursday afternoon, lawmakers voted with the required two-thirds majority to approve the nominations of Ann-Katrin Kaufhold and Sigrid Emmenegger, both put forward by the SPD, and Günter Spinner, nominated by the CDU/CSU.
With this, all positions at Germany’s highest court in Karlsruhe are once again filled. SPD parliamentary leader Matthias Miersch called it an important day “for democracy in this country,” while CDU parliamentary leader Jens Spahn said the outcome strengthened the governing coalition.
Of the 613 votes cast, labor judge Spinner received 424 votes in favor, 178 against, and 11 abstentions. Legal scholar Kaufhold was backed by 440 lawmakers, with 166 voting against and seven abstaining. Administrative judge Emmenegger secured 446 votes in favor, 161 against, and six abstentions. Each candidate required a two-thirds majority of votes cast. With its 328 seats, the coalition needed support from the opposition.
The Greens had signaled support for all nominees beforehand, while the Left Party left its stance on Spinner open but expressed willingness to back the SPD candidates. The far-right AfD announced it would reject the SPD nominees but support Spinner. Because the vote was held in secret, the exact distribution among parties remains unclear.
With Thursday’s decision, the coalition has now succeeded on its second attempt to fill the three vacant posts. The first effort, ahead of the summer recess, had collapsed due to Union objections against the SPD’s earlier nominee Frauke Brosius-Gersdorf. The vote was canceled, Brosius-Gersdorf later withdrew, and the SPD replaced her with Emmenegger. That episode strained relations within the coalition over the summer.
“With today’s election, a period of uncertainty comes to an end,” Spahn said after the vote. “The Federal Constitutional Court is once again fully operational, with all positions filled by elected judges.” He also viewed the outcome as a sign of coalition strength. The coalition had “found its footing,” he said, pointing to both the passage of the 2025 budget last week and Thursday’s vote. “The working coalition is functioning, and today’s election was an important step.”
SPD leader Miersch said: “Today has been, in my view, a very, very important day for democracy in this country, and for the constitution.” He stressed that one of the most important constitutional bodies was now “fully operational.” Referring to the failed July attempt, he said the successful vote sent “an important signal that the overwhelming majority in this parliament protects and respects democracy.”
Miersch explicitly thanked the Greens and the Left for backing the SPD candidates. “I believe this is a signal that extends beyond today, because we will now move forward on issues that may also require two-thirds majorities.” CSU parliamentary group leader Alexander Hoffmann said the day demonstrated that “this coalition is capable of acting and making decisions.” Lawmakers had shown “state political responsibility, and that is what our country and our democracy need right now.”
Bundestag President Julia Klöckner (CDU) commented that it was “good that the parliamentary groups have now reached a clear and broadly supported decision.” With the vote, she said, the Bundestag “fulfills its responsibility and ensures that the Federal Constitutional Court remains functional. This is an important step for the stability and operability of our constitutional institutions.”
Left Party parliamentary leader Heidi Reichinnek accused the Union of accepting “that its own candidate would also be elected with the votes of the clearly far-right AfD.” She said the Union had “vehemently refused to ensure democratic majorities,” calling this “hypocrisy.” The Union has justified its refusal to negotiate with the Left on Spinner’s candidacy by pointing to its incompatibility resolution with the Left Party.
The German Judges’ Association (DRB) welcomed the outcome with relief. “It is good that the Bundestag has now demonstrated its ability to act and to compromise on this issue,” said DRB federal director Sven Rebehn to the Funke newspapers.
The Federal Constitutional Court is one of the five key organs of the German state, alongside the Bundestag, Bundesrat, the president, and the federal government. Together, these institutions uphold the principle of separation of powers, a cornerstone of democracy.
At the heart of this system, the Constitutional Court safeguards the country’s constitution, the Basic Law. Its 16 judges are chosen in equal numbers by the Bundestag and the Bundesrat, each requiring a two-thirds majority. Once elected, the federal president formally appoints them to office. Because this process involves both parliamentary chambers and political parties, close coordination and cross-party consensus are essential when filling the Court’s seats.
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