German Judges' Association Warns of Political Threats to Judiciary Independence and Proposes Reforms

With state elections on the horizon, the Deutscher Richterbund (German Judges' Association) has issued a warning about increasing threats to the independence of Germany's judiciary and the rule of law. Sven Rebehn, Federal Managing Director of the Deutscher Richterbund, highlighted the rise of anti-liberal forces within Germany, mirroring broader global trends attacking independent judiciaries. He drew attention to procedural vulnerabilities in judicial appointments: in 12 of Germany's 16 federal states, a two-thirds parliamentary majority is needed to elect judges to state constitutional courts. This high threshold allows a parliamentary blocking minority to stall appointments, potentially paralyzing judicial functions.

To counter this, Rebehn advocated for reforms, including an alternative election mechanism where, if parliament remains deadlocked, state constitutional courts or an independent panel of legal experts could propose candidates. This approach follows a precedent set a year ago for the Federal Constitutional Court in Karlsruhe. Further reforms suggested include reviewing selection and promotion procedures across various court levels to empower judges and curb political influence.

Moreover, Rebehn called for the immediate abolition of justice ministries' directive authority over public prosecutors in certain criminal cases to prevent political manipulation, stressing that "a political directive authority in the wrong hands would be fatal." These proposals aim to fortify judicial independence against political encroachment amid growing concerns ahead of the upcoming state elections.