Judge charge
The judge's indictment is a procedure against a judge that can be requested by the Bundestag or - in the case of state judges - by the respective state parliaments .
If a federal judge in office or outside of office violates the principles of the Basic Law , the Federal Constitutional Court can transfer him to another office or to retire with a two-thirds majority in accordance with Article 98, Paragraph 2 of the Basic Law . He can be dismissed in the event of a deliberate violation.
According to Article 98 (5) of the Basic Law, the federal states can make appropriate regulations for regional judges; the applicable state constitutional law remains unaffected; nevertheless, the decision of the Federal Constitutional Court here too.
Details and background
The judge's indictment, which complements the principle of separation of powers , is an expression of the contentious democracy of the Federal Republic of Germany , but has not yet been carried out because of the high hurdles. The provision does not affect the judges of the Federal Constitutional Court themselves. A state constitution can exclude the procedure, as the Basic Law expressly provides for the state constitutional regulation.
After the experiences from the Weimar Republic and the time of National Socialism , the Parliamentary Council endeavored to bring the jurisprudence into harmony with the principles of the Basic Law, to integrate it as the third authority into the system of checks and balances and thereby give it greater democratic legitimation to rent.
Individual evidence
- ↑ Judge's indictment, in: Creifelds, Rechtswörtbuch, Beck, Munich 1987, p. 950
- ↑ Article 98, in: Bruno Schmidt-Bleibtreu, Franz Klein, Commentary on the Basic Law for the Federal Republic of Germany, Luchterhand, Darmstadt 1983, p. 1030
- ^ Federal Agency for Political Education, Courts, Legitimation and Control
