After AfD success in Thuringia
Judges’ Association calls for less political influence on the judiciary
06.09.2024, 15:47
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In Thuringia, the AfD has achieved a blocking minority, thereby securing its influence on matters concerning the judiciary. The German Judges’ Association has long seen the problem coming and is now once again calling for reforms.
In view of the possible blockade of judicial appointments due to the AfD’s election victory in Thuringia, the German Judges’ Association (DRB) has called for a reform of the procedure. It is “more urgent than ever” to “better protect the independence of the judiciary against targeted political interference by illiberal, extremist forces,” explained DRB Federal Director Sven Rebehn. The appointment procedure must be “legally designed in such a way that it cannot be abused for party political purposes.”
Following the state elections in Thuringia on September 1, the AfD now has more than a third of the seats in the state parliament. This means that it can block decisions in the state parliament that require a two-thirds majority. In addition to constitutional changes, this also includes the election of members of the Judges and Public Prosecutors Election Committee, who must approve the appointment of judges and public prosecutors.
In the state elections in Saxony that took place at the same time, the AfD narrowly missed such a blocking minority. “With the AfD’s blocking minority in Thuringia, the first domino has already been toppled,” explained Rebehn. He advocated a reform to staff judicial election committees in such a way that “party representatives do not play a dominant role.”
“Thuringia should be a warning to other countries”
The Vice President of the German Bar Association (DAV), Ulrich Karpenstein, told the newspapers of the German editorial network that his association had repeatedly warned in vain of a situation like the one in Thuringia. “Now it is too late for Thuringia. This should be a warning to other countries: the democratic parties must act before it is no longer possible.”
Rebehn also reiterated the judges’ association’s demand that the right to issue instructions “for public prosecutors’ investigations be abolished or at least limited to a review of legality”. This was out of date. “The mere appearance that a government could politically control criminal proceedings is poisonous for people’s trust in an objective criminal justice system.” And “in the wrong hands, this right to issue instructions would be fatal”.
With regard to the planned better protection of the Federal Constitutional Court against political influence, which the SPD, Greens, FDP and CDU/CSU recently agreed on, Rebehn said that this could only be the beginning. “Concrete initiatives are now also needed in the states to better protect the judiciary against political interference and to strengthen it as a bulwark of democracy.”