Federal Ministry of Justice and Consumer Protection
Federal Ministry of Justice and Consumer Protection
|position||supreme federal authority|
|founding||January 1, 1877 as Reich Justice Office|
|Authority management||Christine Lambrecht ( SPD )|
|Servants||923 (October 2020)|
|Budget volume||EUR 957.46 million (2021)|
The Federal Ministry of Justice and Consumer Protection ( BMJV for short ) is a supreme federal authority in the Federal Republic of Germany . It has its headquarters or first office in Berlin and its second office in the federal city of Bonn . The Federal Ministry, which began its work on September 20, 1949, emerged from the Reich Ministry of Justice (until May 23, 1945). With the appointment of the Merkel III cabinet , the Federal Ministry of Justice (BMJ) was expanded to include consumer protection by virtue of an organizational decree of December 17, 2013 and includedRenamed Federal Ministry of Justice and Consumer Protection (BMJV). In the media, the BMJV is often referred to briefly as the Federal Ministry of Justice or the Ministry of Consumers , depending on the focus of the reporting .
The Ministry of Justice, together with the interior , foreign , finance and defense ministries is one of the so-called classic departments . This name comes from the fact that there were only these business areas in the first German Reich government .
Dealing with the National Socialist past
In January 2012, Federal Justice Minister Sabine Leutheusser-Schnarrenberger set up an independent commission of historians and lawyers headed by Manfred Görtemaker and Christoph Safferling to research and present the National Socialist past. A preliminary report was published in 2013, the results of four years of research including all files were published on October 10, 2016. The preliminary report already made the following findings:
- Manfred Görtemaker referred to the statistics of the convictions, they show that from 1945 to 1986 there were only 6,479 convictions out of 90,921 investigations.
- Ulrich Herbert stated that lawyers had been more successful in "past political self-defense" than other professional groups, but this led to the question of what drove lawyers to protect multiple murderers from persecution, whether there was no alternative to the return of the old judicial elite to top positions and how it was possible to establish a liberal legal system with a judicial system from the Nazi era.
- With regard to personnel development, Joachim Rückert stated that in 1959 48% of the staff and in 1966 even 60% of the department heads were party members of the NSDAP.
- Bernd Rüthers pointed out the “extensive personal continuity of the functional elite”.
- Thomas Vormbaum comes to the conclusion that at the beginning of the 1950s the eagerness to prosecute Nazi crimes had slackened significantly. "Legal constructions" would have made the persecution more difficult or prevented.
The first inventory was confirmed in the final report and its official short version; the results on the impact of personal continuity on the case law and legislation of the Federal Republic up to the end of the 1960s were particularly explosive:
- The prosecution of the Nazi perpetrators was made impossible: “It is a fact that the impunity laws passed in 1949 and 1953 resulted in practically all Nazi perpetrators being released by 1958. And it also later led to the fact that around 1968 with the so-called Introductory Act to the Administrative Offenses Act, practically all aid offenses were statute-barred retrospectively in 1961. "
- Groups of victims continued to be discriminated against. Section 175 of the Criminal Code was valid in its tightened National Socialist version until 1969.
- Many legal texts were not or not fully exempted from the influence of National Socialist ideology, such as the murder paragraph or youth arrest .
The exact research showed that up to 77% of the lawyers had a Nazi past, 94% of the lawyers examined in top positions had a distinction and 58% a doctorate. So it was about the elite of German lawyers.
From 1959 the federal government planned a secret martial law against the constitution, with 45 emergency ordinances in the drawer for the abolition of basic rights, the control of the broadcasters and with a new edition of the " protective custody ".
A department of the ministry was concerned with warning suspects in good time and looking after fugitive offenders abroad.
Federal Minister Heiko Maas drew the conclusion from the “shocking findings” that this part of the story had to become part of legal training.
Well-known employees of this time were Eduard Dreher , responsible for the subsequent statute of limitations for criminal offenses, Heinrich Ebersberg , Josef Schafheutle , Franz Massfeller , Max Merten , Walter Roemer , Hans Gawlik and Ernst Kanter .
The highest employer in the ministry is the Federal Minister of Justice and Consumer Protection. Two civil servants and two parliamentary state secretaries are at the side of the respective incumbent .
In Germany's federal system, the administration of the judiciary, administration of justice and criminal prosecution is primarily a matter for the federal states. The central task of the federal government in the field of justice is to safeguard and further develop the rule of law. Legislative activity corresponds to this goal. It includes the preparation of new laws and the preparation and amendment or repeal of laws in the classic areas of law, namely civil law, criminal law, commercial and company law, copyright and industrial property rights, constitutional law and procedural law for the individual jurisdictions (except labor and social justice) as well as the service and professional law of judges, public prosecutors, lawyers and notaries. In addition, the Ministry is responsible for the tasks arising from the establishment of the unity of Germany in the area of criminal, administrative and professional rehabilitation and the "outstanding property issues". The Ministry also checks the legal formality of all draft laws and ordinances prepared by other ministries in order to ensure that the legal regulations are compatible with the Basic Law. Since 2013, the Ministry has also been responsible for legal and economic consumer protection, which up to this point was subordinate to the Federal Ministry of Food, Agriculture and Consumer Protection . The Ministry is the publisher of the Federal Law Gazette and Federal Gazette and prepares the election of the judges of the Federal Constitutional Court and the judges at the highest federal courts.
The Ministry's portfolio includes the Federal Court of Justice in Karlsruhe with a 5th criminal senate in Leipzig, the Federal Prosecutor General at the Federal Court of Justice in Karlsruhe with the Leipzig office, the Federal Office of Justice with the Federal Central Register in Bonn, the Federal Administrative Court in Leipzig, the Federal Fiscal Court in Munich, and the Federal Patent Court in Munich and the German Patent and Trademark Office (DPMA) in Munich with offices in Berlin and Jena.
The current Federal Minister of Justice and Consumer Protection in the black and red federal government is the SPD politician Christine Lambrecht . On November 7, 2014, her predecessor, Heiko Maas, set up the nine-member council of experts for consumer issues as an advisory body.
European Union and international aspects
While in Germany there is a strict separation between danger prevention (preventive violence → Ministry of the Interior) and criminal prosecution (repressive violence → Ministry of Justice), in some countries there is no such separation. In the UK , law enforcement and security are carried out under the Secretary of State for the Home . In the United States , the attorney general is called the Attorney General . In the US system, there is no separation between law enforcement and security. Both the United States Department of Justice and the newly created Department of Homeland Security and various other ministries report to both law enforcement agencies and intelligence services.
Federal Minister since 1949
After Fritz Neumayer had left the cabinet, the then Federal Minister for Affairs of the Federal Council Hans-Joachim von Merkatz also took over the Ministry of Justice and briefly led two departments until the 1957 federal election .
|No.||picture||Surname||Life dates||Political party||Beginning of the term of office||Term expires||Duration of the term of office
|Federal Minister of Justice|
|1||Thomas Dehler||1897-1967||FDP||September 20, 1949||October 20, 1953||1,491||Adenauer I.|
|2||Fritz Neumayer||1884-1973||FDP||October 20, 1953||October 16, 1956||1,092||Adenauer II|
|3||Hans-Joachim von Merkatz||1905-1982||DP||October 16, 1956||October 29, 1957||378||Adenauer II|
|4th||Fritz Schäffer||1888-1967||CSU||October 29, 1957||November 14, 1961||1,477||Adenauer III|
|5||Wolfgang Stammberger||1920-1982||FDP||November 14, 1961||November 19, 1962||370||Adenauer IV|
|6th||Ewald Bucher||1914-1991||FDP||December 14, 1962||March 27, 1965||834||
|7th||Karl Weber||1898-1985||CDU||April 1, 1965||October 26, 1965||208||Erhard I.|
|8th||Richard Jaeger||1913-1998||CSU||October 26, 1965||November 30, 1966||400||Erhard II|
|9||Gustav Heinemann||1899-1976||SPD||December 1, 1966||March 26, 1969||846||Kiesinger|
|10||Horst Ehmke||1927-2017||SPD||March 26, 1969||October 21, 1969||209||Kiesinger|
|11||Gerhard Jahn||1927-1998||SPD||October 22, 1969||May 7th 1974||1,658||
|12th||Hans-Jochen Vogel||1926-2020||SPD||May 16, 1974||January 22, 1981||2,441||
|13th||Jürgen Schmude||* 1936||SPD||January 22, 1981||October 1, 1982||617||Schmidt III|
|14th||Hans A. Engelhard||1934-2008||FDP||4th October 1982||January 18, 1991||3,028||
|15th||Klaus Kinkel||1936-2019||FDP (from 1991)||January 18, 1991||May 18, 1992||486||Cabbage IV|
|16||Sabine Leutheusser-Schnarrenberger||* 1951||FDP||May 18, 1992||January 17, 1996||1,339||
|17th||Edzard Schmidt-Jortzig||* 1941||FDP||January 17, 1996||October 26, 1998||1,013||Cabbage v|
|18th||Herta Däubler-Gmelin||* 1943||SPD||October 27, 1998||October 22, 2002||1,456||Schröder I|
|19th||Brigitte Zypries||* 1953||SPD||October 22, 2002||October 28, 2009||2,563||
|20th||Sabine Leutheusser-Schnarrenberger||* 1951||FDP||October 28, 2009||17th December 2013||1,511
|Federal Minister for Consumer Protection, Food and Agriculture|
|1||Renate Künast||* 1955||Green||January 12, 2001||October 4, 2005||1,726||
|Federal Minister for Food, Agriculture and Consumer Protection|
|2||Horst Seehofer||* 1949||CSU||November 22, 2005||October 27, 2008||1,070||Merkel I|
|3||Ilse Aigner||* 1964||CSU||October 31, 2008||September 30th, 2013||1,795||
|Federal Minister of Justice and Consumer Protection|
|21/4||Heiko Maas||* 1966||SPD||17th December 2013||March 14, 2018
|22/5||Katarina Barley||* 1968||SPD||March 14, 2018||June 27, 2019||470||Merkel IV|
|23/6||Christine Lambrecht||* 1965||SPD||June 27, 2019||in office||693||Merkel IV|
Parliamentary State Secretaries
- 1969–1974: Alfons Bayerl ( SPD )
- 1974–1982: Hans de With (SPD)
- 1982–1983: Hans Hugo Klein ( CDU )
- 1983–1987: Benno Erhard (CDU)
- 1987–1991: Friedrich-Adolf Jahn (CDU)
- 1991–1993: Reinhard Göhner (CDU)
- 1991–1998: Rainer Funke ( FDP )
- 1998–2002: Eckhart Pick (SPD)
- 2002–2009: Alfred Hartenbach (SPD)
- 2009-2013: Max Stadler (FDP)
- 2013–2018: Ulrich Kelber (SPD)
- since 2013: Christian Lange (SPD)
- since 2018: Rita Hagl-Kehl (SPD)
Official State Secretaries
- 1949–1963: Walter Strauss ( CDU )
- 1963–1966: Arthur Bülow
- 1967–1969: Horst Ehmke ( SPD )
- 1969–1971: Hermann Maassen
- 1971–1982: Günther Erkel (SPD)
- 1982–1991: Klaus Kinkel (independent)
- 1991–1995: Ingo Kober
- 1996–1998: Heinz Lanfermann ( FDP )
- 1998–2005: Hansjörg Geiger (independent)
- 2005–2009: Lutz Diwell (SPD)
- 2009–2014: Birgit Grundmann (FDP)
- 2014–2016: Stefanie Hubig (SPD)
- 2016–2019: Christiane Wirtz (SPD)
- 2013–2020: Gerd Billen ( Greens )
- since 2019: Margaretha Sudhof (SPD)
- since 2020: Christian Kastrop
Former ministries with similar tasks were:
- Reich Justice Office 1877-1919 (German Empire)
- Reich Ministry of Justice 1919–1945 (German Reich)
- Ministry of Justice of the German Democratic Republic (1949–1990)
- Federal Ministry of Justice (Ed.): From the Reichsjustizamt to the Federal Ministry of Justice. Festschrift for the 100th anniversary of the founding of the Reich Ministry of Justice . With a foreword by Hans-Jochen Vogel. Bundesanzeiger Verlag, Cologne 1977, DNB 770445101 (476 pages).
- Gerd J. Nettersheim, Doron Kiesel (eds.), The Federal Ministry of Justice and the Nazi Past - Assessments and Perspectives, Vandenhoeck & Ruprecht, Göttingen 2021, ISBN 978-3-525-35218-2 (400 pages)
- Official website of the Federal Ministry of Justice and Consumer Protection
- The Federal Ministers of Justice from 1949 . Federal Archives
- BMJV organization. Retrieved May 20, 2021 .
- Federal budget. Retrieved May 20, 2021 .
- Abbreviations. (PDF; 49 kB) Abbreviations for the constitutional organs, the highest federal authorities and the highest federal courts. In: bund.de. Federal Office of Administration (BVA), accessed on August 14, 2016 .
- uwk-bmj.de ( Memento from September 25, 2017 in the Internet Archive )
- Manfred Görtemaker, Christoph Safferling (ed.): The Rosenburg. The Federal Ministry of Justice and the Nazi past - an inventory. Göttingen 2013
- Manfred Görtemaker, Christoph Safferling: The Rosenburg files. The Federal Ministry of Justice and the Nazi era . CH Beck, Munich 2016, ISBN 978-3-406-69768-5 .
- Kurt Schilde: Review of: Görtemaker, Manfred; Safferling, Christoph (Ed.): The Rosenburg. The Federal Ministry of Justice and the Nazi past - an inventory. Göttingen 2013 . In: H-Soz-Kult, July 30, 2013, <www.hsozkult.de/publicationreview/id/rezbuecher-20887>.
- Manfred Görtemaker / Christoph Safferling: "The Rosenburg files - The Federal Ministry of Justice and the Nazi era" . , bmjv.de (PDF); accessed on October 10, 2016.
- Final report “The Rosenburg File” - “The judiciary collectively relieved itself” . Deutschlandradio Kultur ; accessed on October 10, 2016.
- Nazi history: BMJV presents Rosenburg files - page 2 . In: Legal Tribune Online . ( lto.de [accessed on October 10, 2016]).