Federal Court of Justice
Can AfD politician Maier remain a judge?
The ex-AfD member of the Bundestag and judge Jens Maier is waiting in the Federal Court of Justice (BGH) for the start of his trial before the service court. photo
© Uli Deck/dpa
Instead of being allowed to work as a judge again, the AfD politician Maier is forced into early retirement because of derogatory and racist statements. He is taking the matter to the Federal Court of Justice.
The BGH wanted to decide on Thursday whether his transfer was permissible. The basis of the procedure is Section 31 of the Judges Act. According to this, a judge can be sent into retirement if “a serious impairment of the administration of justice” needs to be averted.
Maier, who has been classified as a right-wing extremist by the Saxon Office for the Protection of the Constitution since 2020, vehemently defended himself against the allegations at the start of the trial. “I’m not the devil personified,” he said. His statements during his time as a member of the Bundestag had nothing to do with his qualifications as a judge. “I can differentiate between being a judge and my political opinion.” It is completely normal that not every judge personally approves of what he has to enforce by law. “I feel treated unfairly,” said Maier. The AfD politician, who once worked as a judge at the Dresden Regional Court, lost his Bundestag mandate in 2021 and wanted to return to judicial service. The Ministry of Justice initially had to comply with the request, but the legal dispute has been simmering ever since.
Boris Becker’s son was racially insulted
Representatives of the state of Saxony asserted before the Federal Court of Justice that Maier’s behavior in question, on which the lower court’s judgment was based, took place outside parliament at the time. This means that the principle that members of parliament cannot actually be prosecuted or punished for statements made in committees or in parliament does not apply. Among other things, it was stated that Maier had racially insulted one of Boris Becker’s sons on social media and had spoken in speeches about “creating mixed races”. In addition, after serving as a member of parliament, he also worked as chairman of the officially dissolved so-called wing of the AfD. The wing was classified as right-wing extremist by the Federal Office for the Protection of the Constitution in March 2020.
In view of all these aspects, according to the state of Saxony, it is questionable that Maier, as a judge, will rule in a constitutional, impartial and regardless of person way. The public’s trust in his jurisprudence no longer exists and retirement is absolutely necessary. “The basis of the Basic Law is an indispensable basis for the exercise of judicial office,” the presiding judge emphasized at the beginning. Whether a transfer is urgently necessary must always be decided on a case-by-case basis.
The Saxon Office for the Protection of the Constitution has classified Maier as a right-wing extremist since 2020. The 61-year-old is suing against this in separate proceedings before the Dresden Administrative Court. According to a court spokesman, the lawsuit is still pending and a decision is not yet in sight. In addition, a disciplinary action against Maier has been pending before the service court in Leipzig since the summer. His judicial emoluments could also be at stake.
The Federal Service Court is a special senate that, according to a BGH spokesman, is not frequently called upon. A decision under Section 31 of the Judges Act regarding a transfer to early retirement due to serious impairment of the administration of justice has only been made once – in 1995. But back then it was not about a politician or political statements.