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The Fairy Tale of the Independent Judiciary and the German Rule of LawThe sparrows are now unmistakably chirping it from the rooftops, but the doves still don't want to hear it. 
The issue of appointing judges to the Federal Constitutional Court should have made one thing clear to everyone: the judiciary in Germany is not independent, and there is no separation of powers. With Frauke Brosius-Gersdorf, politics wanted – or still wants – to place someone in the Federal Constitutional Court who has taken a favorable stance toward banning the AfD – precisely in the chamber of the Constitutional Court that deals with party bans. The goal is more than obvious: Parliament pushes for a ban of the AfD, and judges who are aligned with that idea confirm it. There have already been questionable appointments in the past. Even members of parliament have been appointed as constitutional judges. They then rule as judges on the legality of laws they themselves passed. The outcome of such a setup is fairly predictable. In most federal states, the authority to appoint judges lies with the Ministry of Justice. This means that probationary judges and lifelong judges are appointed by the Minister of Justice. The ministries organize the selection process, conduct interviews or assessments – or have them conducted. Here, too, it’s obvious that those who share the government’s political mindset are the ones who get appointed and promoted. At the regional level, lay judges are proposed by the district council. As shown in Burgenlandkreis, the district administrator created a list, which the district council then gets to vote on. Judges often do what students are not allowed to do – namely, copy – and thus high court rulings are adopted at lower levels without extensively reflecting on whether they actually make sense. There is no judiciary in Germany that is independent from politics. Judges who rule against the state in favor of citizens will hardly ever be promoted. Judges like Dettmar in Weimar, who rule against the politically desired narrative in an important matter, are criminalized – clearly as a warning to the entire judiciary. Author: AI-Translation - Michael Thurm | |
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