Germany’s new ruling coalition has been plunged into its first major crisis after the parliament, for the first time in the country’s post-war history, failed to elect new judges to the powerful Constitutional Court. The stunning defeat in the Bundestag is being widely interpreted by German media as a severe blow to the authority of Chancellor Friedrich Merz and the stability of his so-called “grand coalition.”
The Constitutional Court, the guardian of Germany’s Basic Law since 1951, requires its judges to be appointed with a two-thirds majority in parliament, a measure designed to ensure broad consensus. However, three candidates presented as a package deal by Merz’s conservative CDU/CSU bloc and their center-left Social Democrat (SPD) partners failed to achieve this threshold, despite a prior agreement between the coalition’s leaders and the opposition Green party.
The rebellion came from within the Chancellor’s own ranks. It is believed that dozens of deputies from the conservative CDU/CSU voted against the nominees, who were widely characterized as holding left-liberal views. The candidates’ stance on sensitive issues, particularly abortion rights, had sparked public protests and a fierce campaign against them by right-wing populist groups and conservative Catholic circles, seemingly swaying government MPs.
Much of the blame for the political fiasco has fallen on Jens Spahn, the CDU/CSU’s parliamentary leader, who was tasked with ensuring party discipline. This marks his second significant failure in managing his faction, the first being when Chancellor Merz’s own election required a second round of voting. Analysts suggest Spahn may be distracted by an ongoing investigation into a controversial mask procurement deal he oversaw as Health Minister during the COVID-19 pandemic.
The failed vote was the explosive conclusion to a year of backroom political dealing. It was designed as a compromise after the SPD and Greens had previously blocked a staunchly conservative candidate proposed by the CDU. In the ensuing package deal, the CDU agreed to support two SPD nominees in exchange for securing a post for a more moderate conservative. This intricate arrangement, intended to ensure stability, has instead spectacularly collapsed.
For Chancellor Merz, the event highlights a critical lack of control over his own party, reflected in dismal approval ratings showing 60% of voters disapprove of his performance. The situation is equally dire for the SPD, whose polling has sunk to just 13%. The failed vote also scuttled a suspected SPD plan to use the new judges to explore a ban on the far-right Alternative for Germany (AfD). After just 70 days in power, Germany’s governing coalition is already showing signs of profound instability.