Judges advice

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The judges' advice is an annual event at which judges, public prosecutors, but also critical lawyers in the Republican Bar Association and its environment and university teachers discuss their role in a democratic society. The judges' advice deliberately dispenses with a fixed organizational structure. The Frankfurter Rundschau therefore described it in 2002 as "a relaxed group of critical practitioners who meet once a year for three days to debate legal (mis) developments and necessary reforms". Its participants see themselves as "critical lawyers"; politically they belong in the broadest sense to the left and alternative spectrum and are close to the New Judges Association and ver.di.

history

The history of the “judges' advice” goes back to the 1970s, when, according to some judges, in the wake of the terrorism hysteria “ some constitutional safeguards were blown ”. They wanted to "build a counterweight ... against the great German judges' association, which at that time was still very conservative."

The impetus for the first supraregional meeting in June 1980 was provided by a conference of the Evangelical Academy Bad Boll on the subject of “Justice and National Socialism”. Discussions about how a judiciary should be designed that does not allow itself to be intimidated by threats or corrupted by lure by political power has sparked off.

Initiatives such as the German Guardianship Court ( 1984 ) and the “ Judges and Public Prosecutors for Peace ” ( 1983 ) emerged from the center of the advice .

The European judges 'association Magistrats Européens pour la Démocratie et les Libertés (MEDEL), founded in 1985, maintains international contacts with judges' organizations in Europe.

In order to document the results of the judges' advice and to create a discussion forum that can extend beyond the conferences, the magazine “ Betrifft Justiz” was founded in 1984 .

The establishment of the New Judges Association in 1987 from the middle of the council, which rejects a fixed organization for itself and is organized every year by different organizers in a different region, was controversial.

Individual events and positions

The judges' advice discussed questions of professional practice and professional self-image, but also social, economic and political conflicts with which the courts are confronted.

  • As early as 1981, the judges' advice was dominated by a current political event: on the occasion of the demonstration because of the closure of the Nuremberg youth center KOMM , all participants - mostly young people and adolescents - were arrested and 140 arrest warrants were issued by three judges working on the assembly line. Public criticism of this procedure, as well as demonstrative documentation of the entire process, aroused the interest of numerous judges in the work of the judges' advice.
  • In 1986 the judges' advice in Schleswig-Holstein dealt with the tightening of the law on foreigners and criticized the erosion of asylum law.
  • Towards the end of the 1980s, the topics of Chernobyl , nuclear armament and WAA were decisive in Wackersdorf .
  • From 1990 onwards, the Association of the German Justice and its position in the European justice landscape shaped the topics of the annual council. In April 1990, the first meeting between West German judges and their GDR colleagues took place in Cuxhaven .
  • After the terrorist attacks on September 11, 2001 on the World Trade Center in New York, the 27th advice in Weißenhaus on the Baltic Sea had already rejected the Federal Republic's participation in a war against Afghanistan that was contrary to international law. In the following year, the advice at the University of Applied Sciences for Justice in Bad Münstereifel in November 2002 dealt with the subject of " Terrorism and law - international and national answers" . The effects of terrorism on the rule of law and internal security were also addressed in the Council, as were the problems of social responsibility and the exclusion of minorities.
  • 180 lawyers took part in the 29th judges' advice, which took place in Weilburg in 2003. In view of the increasing flexibility of working hours, they discussed “'law as a commodity' in general and specifically about 'trade in workers' rights'”. In view of such developments in labor law, “it sometimes seems 'as disruptive as the stop sign at the free intersection'”, it said.
  • The 40th judges' advice took place in 2014 in Hamburg with the topic “The panacea justice - are risks and side effects acceptable?”.

The judges' council passed resolutions on legal policy issues several times, for example in 2001 on the war in Afghanistan. In 2000 he demanded the resignation of the Brandenburg Minister of Justice, Kurt Schelter, because of interference with judicial independence

Social judge advice

The social judges 'advice has been held annually since 1984, which transfers the concept of the judges' advice to social justice. In addition to dealing with current legal, political and social issues from social law, critical reflection on judicial work and one's own professional self-image is the focus of the social judges' advice.

literature

  • Klaus Beer, Hartmut Bäumer: Judges' advice . In: KJ Critical Justice . tape 15 , no. 2 , May 31, 1982, ISSN  0023-4834 , doi : 10.5771 / 0023-4834-1982-2-173 / richterratschlag-Jahrgang-15-1982-heft-2 ( nomos-elibrary.de [accessed on October 25, 2018 ]).
  • Frank Lansnicker: Judge's office in Germany. In the field of tension between law and politics. Presentation and analysis based on selected case studies . In: European University Writings . tape 1916 . Peter Lang, Frankfurt am Main 1996, ISBN 3-631-49682-6 , p. 50-53 (Zugl .: Münster (Westphalia), Univ., Diss., 1995).
  • Ulrich Mückenberger: 20 years of critical justice . In: Critical Justice . tape 22 , no. 1 , 1989, pp. 109-116 , JSTOR : 23998101 .
  • Theo Rasehorn: On the spread of the left-liberal jurist culture - At the same time a report on the 3rd Alternative Jurists' Day 27. – 29. Nov. 1992 - . In: Critical Justice . tape 26 , no. 1 , 1993, p. 80-86, 85 , JSTOR : 23998419 .
  • Christoph Strecker: Justice from Below Reports, criticism and food for thought from the black box . 1st edition by Loeper, Karlsruhe 2015, ISBN 978-3-86059-526-8 , p. 185–195 (Chapter “20 Years of Judges' Advice”).

Web links

Single receipts

  1. ^ Joachim Perels: Lawyers and democratic legal culture . In: Critical Justice . tape 20 , no. 1 , 1987, pp. 59-68, 63 , JSTOR : 23996312 .
  2. ↑ a b Astrid Hölscher: Trade in labor law. Lawyers discuss deals between management and workforce . Frankfurter Rundschau, November 3, 2003, p. 9.
  3. ↑ Volker Neumann: "Liquefied curdles" - legal criticism and political practice of the Jura Heidelberg base group - . In: Critical quarterly for legislation and jurisprudence (KritV) . tape 92 , no. 2 , 2009, p. 140-151, 151 , JSTOR : 43202995 (footnote 48).
  4. ↑ a b c Astrid Hölscher: Spielbergs Fiktion, Denninger's vision. When the priority of prevention gradually calls into question the familiar rule of law. In: Frankfurter Rundschau. November 6, 2002. p. 2.
  5. ↑ Frank Lansnicker, Judge's Office in Germany In the field of tension between law and politics
  6. ↑ Joachim Wagner: "A justice to touch" . In: The time . No. 33 , August 13, 1982 ( zeit.de [accessed October 26, 2018]).
  7. ↑ Uwe Wesel: When the left wear ties . In: The time . No. 49 , November 26, 1998 ( zeit.de [accessed October 26, 2018]).
  8. Jump up ↑ Judges and Prosecutors for Peace
  9. ↑ MEDEL homepage, http://medel.bugiweb.com/usr/plaquette%202007%20DE.pdf - offline on February 26, 2018.
  10. ↑ Concerning justice
  11. ↑ Jörg Requate: The struggle for the democratization of the judiciary: judges, politics and the public in the Federal Republic, Campus, 2008, p. 372 [1]
  12. ↑ Hanno Kühnert: The new judges: They are more democratic, more humane, less authoritarian . In: The time . March 25, 1988 ( zeit.de [accessed on October 26, 2018]): “For three years there has been a new, unusual professional journal for Richter. It is called Affected Justice and comes in a simple, beige dress and DIN A4 format. "
  13. ↑ Jörg Requate: The struggle for the democratization of the judiciary: judges, politics and the public in the Federal Republic, Campus, 2008, p. 372 [2]
  14. ↑ Klaus Beer, Hartmut Bäumer: Judges' advice . In: KJ Critical Justice . tape 15 , no. 2 , May 31, 1982, ISSN  0023-4834 , doi : 10.5771 / 0023-4834-1982-2-173 / richterratschlag-Jahrgang-15-1982-heft-2 ( nomos-elibrary.de [accessed on October 25, 2018 ]).
  15. ^ Ve: Judges' criticism of policy on foreigners . In: The daily newspaper: taz . November 5, 1986, ISSN  0931-9085 , p. 4 ( taz.de [accessed October 26, 2018]).
  16. ^ ASYLUM: Openly cheated . In: Der Spiegel . tape 51 , December 15, 1986 ( spiegel.de [accessed October 26, 2018]).
  17. ↑ Bundeswehr: Peace initiatives reject deployment . In: Frankfurter Rundschau. November 7, 2001. p. 2.
  18. ↑ Difficult challenge for a democratic society . In: Kölnische Rundschau. November 4, 2002.
  19. ^ Resolution of the 27th Judges' Council in Weißenhaus from November 4, 2001 on the war in Afghanistan [3]
  20. ^ Resolution des 26, judges' advice of October 30, 2000 in Villingen
  21. ^ Website of the social judges' advice