Supreme court trial
In some German federal states, the trial by the court is a prerequisite for the promotion of judges and public prosecutors . Life-time judges or public prosecutors usually have to be tried before they are given an office with a higher final basic salary, e.g. B. as presiding judge at the regional court or as a judge at the higher regional court . The trial is not to be confused with the probationary period in employment relationships or with the transfer of the office of a judge on probation : the promotion office is not transferred during the trial, not even as a trial.
procedure
In some federal states, all eligible judges (for example judges at local courts and the like with a certain period of service) are invited to test, but participation remains voluntary.
The test itself is then performed by delegation of the particular judge in a Chamber of the Supreme Court of the relevant jurisdiction, that the Court of Appeal , High Administrative Court , Regional Labor Court or the Social Court . There, the judge does essentially the same work as the other Senate members there. The secondment usually lasts six to nine months, in some cases even a year. At the end of the trial, the judge is assessed .
In individual cases, the trial can be replaced by an activity in an international institution.
Legal bases
The test is used by the employer to select the best on the basis of Article 33, Paragraph 2 of the Basic Law : Only suitability, professional performance and qualifications of the applicants should be decisive.
Further details are set out in the laws and regulations of the federal states, including: a. in:
The Federal Court of Justice, as the service court of the Federation, and the Federal Constitutional Court have decided that the requirement of testing does not violate judicial independence . Even if the judge faces particular challenges during a trial, he is free of instructions in his draft decisions.
literature
- Helmut Schnellenbach: Competitions in the public service . CF Müller, Heidelberg 2015, ISBN 978-3-8114-3668-8 . (Chapter 19: "Expression of Interest and Selection Processes in Trials of Judges and Public Prosecutors", pp. 135-144 .)
Individual evidence
- ↑ Trial for promotion offices (ErprobungsAV) from November 26, 2007.
- ↑ Section 9: Proof of suitability for promotion positions in the official assessment of judges and public prosecutors .
- ↑ Trials of judges and public prosecutors . AV d. JM of May 2, 2005 (2010 - I B. 61) - JMBl. NRW p. 136 - in the version dated July 9, 2014
- ^ Judgment of March 16, 2005 - RiZ (R) 2/04 -, DRiZ 2005, 353
- ^ Chamber decision of June 22, 2006 - 2 BvR 957/05