justice
Cabinet advises on constitutional loyalty of lay judges
So far, German citizenship has also been one of the requirements for the office of lay judge. photo
© Friso Gentsch/dpa
Lay judges play an important role in court. So that there are no extremists among the volunteers, the judges’ law is to be changed. Could EU foreigners also be admitted as lay judges?
Federal Minister of Justice Marco Buschmann (FDP) change the judges’ law. The federal cabinet is discussing a corresponding draft law today.
So far, only people who “violate the principles of humanity or the rule of law” or who are considered unsuitable because of a job for the GDR state security have been excluded from the alderman’s office. According to the cabinet draft, which is available to the German Press Agency, in the future it will not be possible to appoint an honorary judge “anyone who offers no guarantee that they will always stand up for the free democratic basic order within the meaning of the Basic Law”.
With personal guarantee from judges
In its statement on the draft, the German Association of Judges had stated: “The third state authority can only properly fulfill its task in the divided state based on the rule of law if the judges also personally offer the guarantee that they will always stand up for the free democratic basic order within the meaning of the Basic Law .” This applies equally to professional judges and volunteers.
The state parliament in Stuttgart had already decided on such a regulation for Baden-Württemberg on Wednesday with the votes of the Greens, CDU, SPD and FDP with a view to the upcoming alderman election. The AfD parliamentary group voted against it.
German citizenship required so far
So far, German citizenship has also been one of the requirements for the office of lay judge. Before the spring conference of justice ministers last May, consideration was given to holding a discussion about opening up the honorary office of judge to “socially well-established people with foreign citizenship” living in Germany. But then the topic was shelved. The draft from the Federal Ministry of Justice does not provide for any new regulation on this point.
The Green right-wing politician Till Steffen said that the planned reform would make the judiciary more resistant to anti-constitutional attacks. In addition to the possibility of removing enemies of the constitution from the service, it must also be ensured that more constitutional citizens become lay judges.
Access for EU citizens?
In his view, one possibility would be to give EU citizens access to the jury office. In addition, it would be good to take up the demands of the Federal Association of Honorary Judges for a nationwide election day for lay judges. It would also make sense if the lay judges no longer had to commit themselves for five years, but only for three years. In this way, more young people could be reached who are less flexible due to a change of residence and career or because of family planning. The draft law is a good reason to take up these points and discuss them in the Bundestag and Bundesrat, said Steffen.
In addition to the provision on the constitutional loyalty of the lay judges, the draft of the Federal Ministry of Justice also provides for a regulation that is intended to make it easier to retire professional judges in the event of culpable misconduct outside of work. The relevant paragraph of the Judges Act should make it clear that this step can be taken in parallel with disciplinary proceedings against the judge.