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Committee for the Election of Judges

Article 94 of the Basic Law stipulates that half of the members of the Federal Constitutional Court must be be elected by the Bundestag and half by the Bundesrat. Unlike the Bundesrat, the Bundestag does not elect these judges directly. Rather, it sets up a Committee for the Election of Judges for this purpose. In accordance with the Federal Constitutional Court Act, the Bundestag, using a system of proportional representation, elects the 12-member committee from among its Members. The composition of the committee cannot be changed by Parliament once the election has taken place. This prevents shifting majorities in these very important elections.

To be elected as a judge to the Federal Constitutional Court, a candidate must receive a two-thirds majority, i.e. at least eight votes, in the Committee. As a rule, this is only possible with the votes of the opposition. Therefore, the opposition can exert considerable influence on the selection of candidates. The other eight judges of the Constitutional Court are elected by the plenary of the Bundesrat, also by a two-thirds majority.