German Judges' Association Calls for Reforms to Safeguard Judicial Independence Ahead of State Elections

Ahead of the upcoming state elections in Germany, the German Judges' Association (Deutsche Richterbund, DRB) has raised serious concerns about threats to the independence of the judiciary and the broader rule of law. Sven Rebehn, the DRB's federal manager, highlighted increasing challenges faced by independent judiciaries worldwide, including Germany, where the rise of anti-liberal forces poses risks to judicial impartiality.

In 12 out of 16 federal states, judges for state constitutional courts are elected requiring a two-thirds parliamentary majority, a process that can enable minority opposition to block appointments. To address potential deadlocks, Rebehn proposed an alternative election mechanism whereby if parliament fails to agree, the nomination right would shift to the state constitutional court itself or an independent committee of legal experts and scholars. A similar mechanism was introduced last year for appointments to the Federal Constitutional Court in Karlsruhe, where one electoral body can intervene if the other is deadlocked.

Rebehn further advocated for a comprehensive review of judges’ selection, appointment, and promotion processes across various court levels—including district, regional, and administrative courts—to strengthen judicial independence and reduce political influence.

A particularly urgent call was made for the abolition of the justice ministries’ directive powers over public prosecutors in specific criminal cases. Rebehn warned that such political oversight risked manipulation and could have disastrous consequences for the impartial administration of justice.

These appeals come amid growing concerns in Germany that political interference and legislative hurdles threaten the judiciary’s ability to function independently—an issue expected to be raised prominently during the forthcoming elections.

The German Judges' Association’s warnings underscore the critical need for institutional reforms to protect democratic norms and ensure that judicial appointments and prosecutorial powers remain free from political manipulation.