Justice Minister Hubig wants to control political views of lay judges
Germany's Justice Minister plans stricter screening for lay judges to ensure constitutional loyalty amid concerns about right-wing extremism in the judiciary.
Stefanie Hubig of the Social Democrats told the Redaktionsnetzwerk Deutschland news network on Monday that her ministry is currently drafting legislation to clarify constitutional loyalty requirements for lay judges, known as Schöffen in the German legal system, according to Junge Freiheit.
The Justice Minister declared that right-wing extremism represents the greatest threat to German democracy and emphasized that everyone working in the justice system must be firmly committed to the free democratic basic order. Hubig stated that the Federal Justice Ministry is working on draft legislation to regulate the selection and constitutional fidelity of lay judges more clearly.
Increased Scrutiny Targeting Political Beliefs
Hubig claimed there are indications that candidates who no longer stand on the foundation of the free democratic basic order are increasingly applying to become lay judges. She insisted this cannot be tolerated and promised that the government will establish by law that anyone wishing to serve as a lay judge must demonstrate constitutionally loyal behavior.
The minister also expressed alarm about the situation in Thuringia, where she accused political forces of attacking the rule of law by blocking the election of constitutional judges. The ministry plans to present a regulatory proposal soon to mitigate the consequences of such potential blockades.
AfD Electoral Success Triggers Government Concerns
Hubig specifically cited the upcoming election in Saxony-Anhalt as a source of great concern. The Alternative for Germany party enjoys substantial support in the state despite being classified as right-wing extremist by government authorities, she noted.
The Justice Minister announced plans to continue political confrontation with the AfD while acknowledging the need to regain lost public trust through better policies at both federal and state levels. She described a party ban as the sharpest weapon available under the German constitution and said serious examination is required to determine whether the prerequisites for such action against the AfD might be met.
Current Law Targets Former Stasi Members
Under existing provisions in the German Judges Act, citizens may currently be excluded from serving as lay judges if they worked as full-time or unofficial collaborators for the State Security Service of the former East Germany. Those who have violated principles of humanity or the rule of law can also be barred from the position.
Current restrictions also require courts to ensure appropriate consideration of both women and men. Lay judges must take an oath to fulfill their duties in accordance with the Basic Law of the Federal Republic of Germany. However, political convictions are not explicitly mentioned in the existing legislation as grounds for exclusion.
With information from Junge Freiheit
