Judges Selection Committee
In Germany, judges' election committees are bodies at federal and state level which - in the federal government, in addition to the responsible federal minister - appoint judges from all branches of the judiciary.
Federation
The federal government forms non-permanent judges' selection committees for the selection of professional judges at the federal courts . The legal basis is Article 95, Paragraph 2 of the Basic Law (GG) and the Judges Election Act (RiWG). For judges at the Federal Constitutional Court , an independent electoral procedure applies in accordance with Article 94 of the Basic Law (see here ); the judges' selection committees are not competent; In some cases, the responsible electoral committee was also called the “judges' committee”. The judges' selection committee consists of the ministers or senators of the federal states responsible for the respective subject area and an equal number of members elected by the Bundestag.
Procedure
The competent federal minister or the members of the judges' selection committee can make suggestions for judges. The Presidential Council of the court in which the judge is to be used gives its opinion in writing on the proposed candidates (Section 57 DRiG). The responsible Federal Minister submits the personnel files of the nominees to the judges' selection committee. In addition, prior to the election meeting, all members of the judges' selection committee must be provided with an up-to-date, up-to-date assessment of the applicant and comprehensive documentation on his or her professional development. The judges' selection committee checks whether the person proposed for a judicial office has the material and personal requirements for this office. Finally, it decides on the proposals in a secret ballot with a majority of the votes cast. If the responsible Federal Minister agrees, he must apply to the Federal President to appoint the elected . The latter appoints them as federal judges ( Article 60, Paragraph 1 of the Basic Law, in accordance with Article 58 of the Basic Law with countersignature by the Federal Chancellor or the responsible Federal Minister).
criticism
The judge election procedure is criticized again and again, in particular the lack of transparency of the procedure and the fact that in addition to the professional qualifications also the party-political orientation of the candidates plays a role in the election. Accordingly, z. For example, the Presidents of the Higher Regional Courts and of the Federal Court of Justice at their annual meeting in 2002, among other things, stated that the federal judges were to be appointed in a transparent procedure solely on the basis of their personal and professional suitability. The former judge of the Federal Constitutional Court in Böckenförde speaks of “party patronage” and “personal expansion of the parties' power”.
The independence from the executive branch is also discussed: “… In the recommendation of the Council of Europe on the role of judges and in the criteria of the European Union on the admission of new member states it is stated:“ The authority responsible for the selection and career of judges should be supported by Executive to be independent «. This is the case in France, Spain, Italy, Norway, Denmark and the Netherlands - not in Germany. So Germany would be a problematic candidate country if it weren't already the heartland of the EU ... "
On April 27, 2007, the Federal Assembly of Representatives of the German Association of Judges (DRB) demanded that the judiciary be given the position assigned to it according to the principle of division of power and the court organization provided for in the Basic Law. The independence of the judiciary is increasingly restricted by the influence of the executive branch.
The New Judges' Association is also committed to realizing the independence of the judiciary from the executive branch.
This requirement is more than 50 years old. Already the 40th German Juristentag in 1953 called for this implementation of the Basic Law:
- "Legislative measures to ensure the independence of the judge who makes judgments, both through the way he is selected and promoted and through his position vis-à-vis the administration, are necessary for the implementation of the Basic Law."
countries
Nine federal states have judge election committees. These countries have differently regulated the competencies of their judges' selection committees. There are responsibilities only in the case of the appointment of new judges and responsibilities in the case of promotion decisions - here partly only in the event of a conflict.
Baden-Württemberg
In Baden-Württemberg , the election of judges is regulated in the State Judges and Public Prosecutors Act (LRiStAG). The judges' selection committee only acts in the event of a conflict, i.e. if the appointment or promotion proposed by the ministry has been rejected by the so-called Presidential Council or no agreement can be reached on a counter-proposal from the Presidential Council and the oral agreement negotiation between the minister or his representative provided in this case and the Presidential Council failed. Only then does the judges' selection committee meet. This consists of six members of the state parliament, one representative of the legal profession and eight judges elected by the judges. If the candidate proposed by the ministry does not find the required two-thirds majority in the judges 'selection committee and the minister does not agree to the appointment of another candidate selected by the judges' selection committee, only another candidate can be proposed or the position re-advertised.
Bavaria
In Bavaria there is the Judge Election Commission of the Bavarian State Parliament , which (only) elects the members of the Bavarian Constitutional Court . It is made up of the President of the State Parliament and nine MPs.
Berlin
Judges' election committee with 14 members, 8 of whom are members of the state parliament ( House of Representatives ).
Brandenburg
Judges' election committee with 12 members, including 8 members of the state parliament.
Bremen
Judges' selection committee with 11 members, including 5 members of the Bremen citizenship .
Hamburg
The judges' selection committee and the election of judges in Hamburg are fundamentally regulated in Article 63 of the Hamburg Constitution, details can be found in the Hamburg Judges Act. The professional judges are appointed by the Senate on the proposal of the Judges' Selection Committee. This consists of three senators or Senatssyndici, six civil members, three judges and two lawyers. It decides in secret ballot with a majority of the votes cast.
Hesse
The Minister of Justice decides on the provisional appointment and appointment of a judge for life together with a judges' selection committee, Article 127 paragraph 3 of the Hessian constitution. In Hesse , the judges' selection committee consists of seven members appointed by the state parliament, five judicial members and, alternately each year, the president of one of the two bar associations in the state (member by virtue of office). Each branch of the judiciary is represented by a judge.
Mecklenburg-Western Pomerania
In Mecklenburg-Western Pomerania, Article 76 (3) of the constitution provides for a judges' election committee.
Lower Saxony
In Lower Saxony, Article 51 (3) of the state constitution enables a judge election committee. Such is not yet provided for by the Lower Saxony Judges Act.
North Rhine-Westphalia
There are no judges' selection committees in North Rhine-Westphalia.
Rhineland-Palatinate
The constitution for Rhineland-Palatinate of May 18, 1947 provides the following:
Article 102 : The Prime Minister appoints and dismisses the officials and judges of the country, unless otherwise provided by law.
Judges Selection Committee
§ 14 Tasks, instruction
(1) The choice of applicants for the employment and promotion of a judge for life is decided by the minister responsible for the administration of justice together with the judges' selection committee. The right of appointment of the Prime Minister remains unaffected. [...]
§ 15 Composition, legal status of the members
(1) Voting members of the judges' election committee are eight members of the state parliament,
Note:
The following members of the 15th electoral term 2006–2011 belong to the committee: 1. Abg. Jochen Hartloff (SPD); 2nd issue Carsten Poerksen (SPD); 3rd issue Dieter Burgard (SPD); 4th issue Norbert Stretz (SPD); 5th issue Clemens Hoch (SPD); 6th issue Herbert Schneider (CDU); 7th issue Dr. Axel Wilke (CDU); 8th issue Bernhard Henter (CDU).
a judge from the ordinary jurisdiction as a permanent member,
a judge from the branch of the court for which the election is taking place,
a lawyer.
Notes:
A. Permanent judicial member: Member Becker, Thomas, RAG 1st substitute member Lambert, Peter, RAG - DirAG - 2nd substitute member Probson, Martin, DirAG 3rd substitute member Blettner, Angelika, Dir'inAG
B. Non- permanent judicial members: I Ordinary jurisdiction Member Jacob, Peter, DirAG
1. Substitute member Kanter, Gisela, Dir'inAG; 2. Substitute member Edinger, Thomas, DirAG; 3. Substitute member Kuhs, Helmut, VRLG
II. Administrative jurisdiction Member Dr. Fritz, Peter, VRVG
1st substitute member Zimmer, Michael, PresVG; 2. Substitute member of Faber-Kleinknecht, Elisabeth, VRVG; 3. Substitute member Dr. Held, Jürgen, VROVG
III. Financial jurisdiction Member Weiß, Barbara, RinFG
1. Substitute member Diehl, Klaus, RFG; 2. Substitute member Wassmann, Wilhelm, VRFG; 3. Substitute member Lind, Ulrich, VRFG
IV. Labor jurisdiction member Feldmeier, Dorothee, RinArbG
1. Substitute member Vonderau, Maria, Dir'inArbG; 2. Substitute member Dr. Speiger, Peter, VRLAG; 3. Substitute member. Wildschütz, Martin, DirArbG
V. Social justice member. Dr. Tappert, Willi, RLSG
1st substitute member Büchel, Gudrun, RinLSG; 2. Substitute member Riefler, Christian, RSG; 3. Substitute member Wittenbrock, Jörg, RSG
C. Legal member: Member RA JR Dr. Westenberger, Norbert, Mainz
1. Substitute member RA JR Weis, Rolf-Siegmund, Speyer; 2. Substitute member RA JR Jansen, Friedrich, Neuwied; 3. Substitute member RA Brauer, Hans-Richard, Frankenthal
A member who is not entitled to vote is the minister responsible for matters of the administration of justice as the chairing member. [...]
The state ordinance on the appointment and dismissal of state officials and judges in the state service of May 19, 1980 determines the following:
§ 1. (1) I delegate the exercise of the right to appointment, transfer, secondment, retirement and dismissal […] of judges and public prosecutors in grade R 1 to the ministers for their area of responsibility.
(2) I reserve the right to exercise these powers in special cases. [...]
Saxony
In Saxony, the constitution provides for a judges' election committee in Article 79, Paragraph 3. However, a corresponding bill by the SPD parliamentary group was rejected.
Saxony-Anhalt
In Saxony-Anhalt, Article 83, Paragraph 4 of the constitution provides for a judges' election committee.
Schleswig-Holstein
The constitution of the state of Schleswig-Holstein in the version of June 13, 1990 (GVOBl. 1990, p. 391) prescribes:
Article 43. Courts and judges
(1) The judiciary is entrusted to the judges; it is exercised in the name of the people. The judges are independent and only subject to the law.
(2) The state minister responsible for the respective branch of the court decides on the appointment of a judge together with a judges' selection committee, two-thirds of which are members of the parliament. The members of the judges' selection committee are elected by the state parliament. The judges' election committee and the state parliament make the decisions incumbent on them under sentences 1 and 2 with a majority of two thirds of the votes cast.
(3) The presidents of the higher regional courts are elected by the state parliament with a majority of two thirds of the votes cast on the proposal of the state minister responsible for the respective jurisdiction.
(4) If a judge in or out of office violates the principles of the Basic Law for the Federal Republic of Germany or the constitutional order of the state, the Landtag can bring charges against him or her at the Federal Constitutional Court.
(5) The details are regulated by a law.
Thuringia
Constitution of the Free State of Thuringia
Article 89, Paragraph 2 : The Minister of Justice decides on the provisional appointment of judges and decides on their appointment for life with the consent of the Judges' Election Committee. Two thirds of the members of the judges' selection committee are elected by the state parliament with a two-thirds majority. Each parliamentary group must be represented by at least one person. According to the Thuringian Judges Act, the following applies:
§ 14. The judges' election committee consists of
1. eight members appointed by the state parliament, [...]
§ 15. The MPs and their representatives are elected by the Landtag with a two-thirds majority at the beginning of each election period. Each parliamentary group must be represented by at least one member. They remain in office even after the end of the electoral term until the new election according to sentence 1. Section 18 (1) remains unaffected.
Judges' election committee with 12 members, including 8 members of the state parliament.
Individual evidence
- ^ Speech by Norbert Lammert
- ↑ Are the parties too powerful? Gerd Langguth for Die Welt , February 29, 2000, accessed on November 16, 2013 .
- ↑ Quotation from Heribert Prantl , The Entfesselung der third Macht ( Memento from June 19, 2013 in the Internet Archive ), in: Süddeutsche Zeitung No. 81 from April 6, 2006, p. 28.
- ^ Federal Assembly of Representatives of the German Association of Judges (DRB), demand April 27, 2007 ( Memento of September 28, 2007 in the Internet Archive ).
- ^ New Judges 'Association: Participation conference of the New Judges' Association of March 1, 2003 ( Memento of January 21, 2012 in the Internet Archive )
- ^ Resolutions of the 40th German Jurists' Conference in 1953 ( Memento from March 17, 2014 in the Internet Archive )
- ↑ Judges Election Commission of the Bavarian State Parliament
- ↑ VOBl. 1947, p. 209. Last amended by the law of December 16, 2005, GVBl. 2005, p. 495 .
- ↑ See Land Judges Act (LRiG) of December 22, 2003 . Reference: GVBl. 2004, p. 1. Last amended by the law of October 6, 2006, GVBl. 2006, p. 344.
- ↑ References: Landtag printed matter . See nomination for judges (PDF; 34 kB) and non-judges (PDF; 29 kB). See the plenary minutes (PDF; 175 kB). External source: Judges' Association RLP .
- ↑ GVBl. P. 110, reference: GVBl. 1980, p. 110. Last amended by ordinance of November 19, 2004, GVBl. 2004, p. 513.
- ↑ Printed matter 3/1414 ( Memento from June 19, 2013 in the Internet Archive )
- ^ Last amended by the law of February 14, 2004, GVOBl. 2004, p. 54.
- ^ Thuringian Judges Act