IZ PP no. 30 - Selected Legal Aspects of Judicial Independence in the Federal Republic of Germany

IZ Policy Papers no. 30 - dr hab. Magdalena Bainczyk - Selected Legal Aspects of Judicial Independence in the Federal Republic of Germany

In Germany there is a strong link between the executive and the judiciary. The executive, i.e. the Minister of Justice, both at federal and Land level, has a decisive influence on the appointment, appraisal and promotion of judges and on the financing of courts. Due to the federation structure of the German state, there are differences between the Länder in the administration of the judiciary, while at the same time the executive retains decisive influence. The strongly hierarchical system, developed on the basis of the Prussian model in the 19th c., was reflected in the 1877 law on the court system, in force to date. There is no body which represents judges and  has decisive influence on the administration of courts, in particular on the appointment and promotion of judges.