The Federal Ministry of Justice has introduced a bill designed to amend the German Judges Act, specifically aimed at safeguarding the lay judge system against individuals deemed “enemies of the constitution.” According to the Ministry on Monday, persons who cannot guarantee their commitment to the free and democratic basic order will no longer be eligible to serve as lay judges. Furthermore, the bill mandates the exclusion of anyone convicted of a fine exceeding 90 days’ worth of daily rates or sentenced to imprisonment. These measures, the Ministry stated, are intended to ensure the continued functionality of the justice system.
The draft also includes provisions to prevent deadlocks in the lay judge election process by allowing judges to remain in their post until a new election takes place. This is necessary because, within municipal bodies, selection requires a two-thirds majority, which could otherwise permit a minority to obstruct the election.
Federal Minister of Justice Stefanie Hubig emphasized that extremists and constitutional adversaries have no place in the justice system, calling the lay judge position a role of significant responsibility. She stated that “one who pronounces judgment must stand on the foundation of the Basic Law.” This legislation is part of a broader strategy, she added, aimed at “strengthening the judiciary and making it resilient against anyone who despises the rule of law.”
Additionally, the plans involve reforms to legal education. The bill prohibits individuals who challenge the free and democratic basic order from entering the preparatory service for the legal profession. Furthermore, states will be permitted to mandate the e-exam, and law students will be afforded greater flexibility in structuring their internships. The draft bill has been submitted to the states and various associations, which have until November 6, 2026, to provide feedback.
