With a view to upcoming State elections he warns German Association of Judges before Dangers for the rule of law and proposes reforms to better protect the judiciary. “The increasing attacks against the independent judiciary in many countries around the world are cause for great concern“, said DRB federal managing director Sven Rebehn to the AFP news agency. “In Germany, too, the dangers to the rule of law from anti-liberal forces are growing.”
A two-thirds majority is required to elect judges to state constitutional courts in twelve of the 16 states. “A blocking minority in parliament could block the filling of new judge positions,” warned Rebehn. “To solve the problem would be a Replacement voting mechanism sensible.”
According to the idea, if there is a blockade in parliament, the right to make proposals could be transferred to the state constitutional court or to an independent selection committee made up of lawyers and scientists. “The election in parliament could then take place with an absolute majority,” added Rebehn in an interview with AFP.
A year ago, a replacement election mechanism for the election of judges for the Federal Constitutional Court in Karlsruhe was decided. These are elected either by the Bundestag or the Bundesrat. The new mechanism provides that if an agreement fails, the other electoral body can step in.
In addition to constitutional courts, there are other courts of various instances such as local and regional courts, higher regional courts, social courts, labor courts, administrative courts and financial courts. Rebehn suggested to AFP that the selection, appointment and promotion of judges for the lower courts should also be considered. “While there are judge election committees for this in nine federal states, the ministries of justice are responsible in the other states,” he explained. “In both models, it makes sense to have the strongest possible position for the judiciary with extensive participation rights in order to reliably limit party political influence on the judiciary.” He also called for the justice ministries’ right to give instructions to the public prosecutor’s office to be abolished immediately for specific criminal proceedings “so that criminal prosecution cannot be exploited for party politics.” “A political right to direct criminal proceedings in the wrong hands would be fatal,” he told AFP.
