The German Judges' Association (DRB), the official association of judges in Germany, has called on the federal government to strengthen laws to prevent the abuse of prosecutorial powers by state governments. This request comes in the wake of the decisive victory of the right-wing Alternative for Germany (AfD) party in the Saxony-Anhalt state elections.
Concerns About AfD's Impact on the Judicial System
The likelihood of the AfD gaining power in Saxony-Anhalt, which seems highly probable after the recent electoral victory, has raised concerns about negative impacts on the judicial system. The DRB has warned that extremists in government may direct criminal investigations towards specific targets through orders.
The AfD is recognized as a threat to Germany's democratic order by domestic intelligence agencies and is now on the verge of taking control of a state government for the first time. This situation has raised concerns within the judicial system that this party may influence the prosecution of right-wing extremists in particular.
Need for Legal Reforms
Swan Rebehn, the executive director of the DRB, stated in a statement that the main priority is to prevent the abuse of public prosecutorial offices in Germany for political purposes. She emphasized that current laws allow state justice ministries to intervene in specific criminal cases, which needs to be reviewed.
In Germany, prosecutors, along with the police, are part of the executive branch and are overseen by state or federal ministries. This dependency is considered a democratic principle, but many legal experts see it as a problem, as it allows for potential political influences.
Currently, German interior ministries can issue specific orders to prosecutors, which has always raised concerns about the independence of the judiciary. According to Margaret Koppers, the state prosecutor of Berlin, "When laws are politically abused, the rule of law is at risk." She referenced similar events in European countries that have been under populist leadership.
While the DRB and Koppers believe it is time to remove the right of ministries to issue orders, other legal experts emphasize the need for reforms without creating complete independence for prosecutors. Gul Pinar, a criminal lawyer, believes that new mechanisms should be established to review the actions of prosecutors.
