The German Association of Judges (DRB) has called for enhanced protection of public prosecutors from political influence, citing the rise of far-right populist parties across Europe as a potential threat to the independence of the judiciary, reported dpa.
DRB managing director Sven Rebehn said that political intervention in criminal proceedings could be disastrous if misused.
Public prosecutors in Germany are not legally independent and must follow the instructions of their superiors, as stated in the Courts Constitution Act.
The Justice Ministry oversees the Federal Prosecutor General and federal prosecutors, while other authorities manage public prosecutors at lower courts.
The Bundestag's scientific service, which provides research and analysis for the German parliament, says instructions can pertain to any prosecutorial task at any time due to the absence of legal restrictions. This includes decisions on whether to pursue an offence further or seize assets.
The DRB called this situation unacceptable. Rebehn said even the perception of ministers influencing criminal proceedings politically undermines confidence in impartial prosecution.
He urged the government to follow Austria's example and address weaknesses in the judicial system.
In Austria, the government has agreed to establish a three-member federal prosecutor's office to oversee prosecutors, a task previously managed by the Austrian Justice Ministry.
Rebehn noted that Germany's current legal situation is outdated compared to other European countries, and the European Court of Justice has questioned the independence of Germany's public prosecutors.
The previous government, a centre-left coalition of Social Democrats, Greens and the pro-business FDP, had planned to take steps to limit political influence on public prosecutors.
Former justice minister Marco Buschmann's draft law proposed that instructions from justice ministers be in writing, justified and kept within narrow limits. However, the government collapsed, triggering fresh elections and the plans were never implemented. The current conservative-led government has no similar plans.
Rebehn views North Rhine-Westphalia as a model, where state justice minister Benjamin Limbach criticized Buschmann's plans as insufficient and proposed more far-reaching measures.
Limbach suggested that the ministry should only intervene in cases of legal errors if the Attorney General does not act.
- German
- Judges
- Political influence
- Public prosecutors
Source: www.dailyfinland.fi
