Calls for Greater Independence of Prosecutors in Germany

The German judiciary is facing renewed scrutiny regarding the independence of its prosecutors, as the German Judges' Association (Deutscher Richterbund, DRB) advocates for reforms to shield prosecutors from political influence. In light of rising right-wing populism across Europe, the DRB emphasizes the need for a justice system that remains free from political manipulation, asserting that any form of political oversight over criminal prosecutions could undermine public trust in the legal framework.

Currently, German prosecutors are bound by law to follow directives from their superiors, which raises concerns about potential political interference. According to the Court Constitution Act, prosecutors must adhere to orders from their immediate supervisors. This oversight extends to the Federal Public Prosecutor and federal prosecutors, who are supervised by the Federal Ministry of Justice, while lower-level prosecutors report to different authorities.

Legal experts have noted that the lack of restrictions on these directives allows for broad political influence over various prosecutorial functions, including critical decisions on whether to pursue charges or to confiscate assets. The DRB has expressed alarm over the implications of this situation, suggesting that even the mere perception of political meddling in legal proceedings could severely damage the credibility of the justice system.

To address these concerns, the DRB has urged the German government to emulate reforms seen in Austria, where a newly established three-member Federal Prosecutor's Office will oversee prosecutors, thereby reducing the direct influence of the Justice Ministry. This change aims to fortify the integrity of prosecutorial independence in Austria, a model that the DRB believes Germany should adopt.

As Germany currently stands, the country may find itself increasingly isolated within Europe, particularly as the European Court of Justice has raised doubts about the independence of German prosecutors. Recent attempts by the ruling coalition of the Social Democrats (SPD), Greens, and Free Democrats (FDP) to limit political directives to written and justified orders have stalled, leaving existing concerns unaddressed.

In this context, the DRB highlights North Rhine-Westphalia as a positive example, where the state's Justice Minister has proposed more stringent measures to limit political influence over prosecutors. These proposals suggest that the Ministry should only intervene when the Attorney General identifies legal errors that warrant action.

The DRB's call for reform underscores the urgent need for a justice system that operates independently, devoid of external political pressures that could compromise its integrity and effectiveness.