The former AfD member of the Bundestag Maier, who is described as a right-wing extremist by the Office for the Protection of the Constitution, wants to work as a judge again. The Saxon Minister of Justice is trying to prevent this in several ways.
Saxony is taking legal action against the continued employment of AfD politician Jens Maier as a judge in the Free State. Two letters were sent to the 60-year-old on Friday, said Saxon Justice Minister Katja Meier (Greens). “On the one hand, Mr. Maier will be returned to the judicial service as a district judge at the Dippoldiswalde district court with effect from March 14, 2022.” This fulfills the repatriation claim that he has as a former member of parliament under the law.
At the same time, an application had been made to the Leipzig Regional Court – the local service court for judges – to retire Maier in accordance with Section 31 of the Judges Act. “I have also made an urgent application to the service court for judges to temporarily prohibit Mr. Maier from conducting official business from the time he returns to work,” said the Minister of Justice.
According to the corresponding paragraph of the Judges’ Act, a judge can also be retired “if facts outside of his judicial activity require a measure of this kind to avert a serious impairment of the administration of justice”. According to Minister Meier, this paragraph has only been applied twice in German case law.
“We are moving in completely new legal territory here”
A severe impairment of the administration of justice means that the behavior of a judge jeopardizes his or her loyalty to the constitution, independence, impartiality, neutrality and integrity, and there is therefore a risk of a “judicial crisis”, said Meier. The fact that this is “objectively the case” is evident not least from the public debate of recent weeks. “The legal hurdles are extraordinarily high. We are in completely new legal territory here,” the minister continued.
At the same time, all other measures such as disciplinary proceedings against Maier remained possible in this way. However, this must be managed by the future employer, the future court of Maier. In addition, the state parliament has the option of impeaching a judge. He could use this to appeal to the Federal Constitutional Court to have a judge transferred to another office or retired, or even to obtain his dismissal. However, this step requires a two-thirds majority in Parliament. The CDU has so far been skeptical about the judge’s charges. The Greens have commissioned an expert opinion on this.
Maier, classified by the Office for the Protection of the Constitution as a right-wing extremist, wants to return to the Saxon judiciary after leaving the Bundestag last fall. He previously worked at the Dresden District Court. He himself does not want to comment on his return. The AfD speaks of a witch hunt against Maier.
Other parties consider it unacceptable. The Auschwitz Committee and the Central Council of Jews pushed to prevent Maier’s return to justice. The New Judges’ Association considered a judge’s indictment to be necessary.