Amid the reported personnel shortage in public prosecutor offices, highlighted by the German Judiciary Council, the Union and the Social Democrats see a pressing need for action from both the federal and state governments to advance the “Pact for the Rule of Law”.
According to the publication “Welt”, Günter Krings, Vice-Chairman of the CDU/CSU parliamentary group, stated that a robust rule of law requires sufficient public prosecutors, judges, and justice personnel. The Pact, which is a core element of the black-red coalition’s plans, encompasses personnel reinforcements, digitalization support, and significant streamlining of procedural law. Krings stressed that progress must be made across all three pillars to maintain public acceptance of the legal system. The Judiciary Council currently estimates a personnel gap of 2,000 prosecutors.
Responding to criticism from Hesse’s Premier, Boris Rhein (CDU), who had announced in January his intention to refuse forthcoming federal-state agreements like the Pact, Krings maintained that the states bear the primary responsibility for the justice system’s staffing. While acknowledging that Hesse has already invested heavily in its judiciary, he argued that it would be prudent for all federal states to participate in the Pact as stipulated in the coalition agreement. Given the looming demographic changes impacting courts and prosecutor offices, he emphasized that the current period should see a concerted effort to attract more young legal professionals to the justice system.
Carmen Wegge, the SPD’s legal policy spokesperson, views the Pact as a crucial signal for addressing the staff shortages in criminal prosecution. She highlighted that federal efforts to modernize and digitize procedures could make processes more efficient and faster. Wegge called for a joint effort between the federal and state levels, accusing Rhein of abandoning the states, which might not be able to afford independent staffing or digitalization. For the SPD, the Pact for the Rule of Law is either all or nothing, and it is indispensable because strengthening the rule of law inherently strengthens democracy.
The AfD parliamentary group, on the other hand, asserts that the shortage identified by the Judiciary Council is a result of years of political failure and misplaced priorities, argued Stephan Brandner, their Second Parliamentary Secretary. According to them, the justice system is operating at its limit, cases are taking longer, and citizens increasingly feel that the state is failing in its core duties. The AfD contends that this bottleneck cannot be solved with short-term supplementary funding or new administrative agreements between the federal and state governments. Instead, Germany requires a comprehensive personnel offensive for the judiciary, prosecutors, and police. The AfD cites the consequences of migration policy and the politically promoted criminalization of freedom of speech as two main causes of the overwhelming workload.
For the Greens, the Pact offers a positive solution to judicial problems. Legal policy expert Lena Gumnior suggested that the backlog of cases would decrease, and criminal offenses could be investigated more efficiently by prosecutors. However, she criticized the previous lack of concrete action, pointing out that the agreements remain merely promises from the ministerial spokesperson. Gumnior argued that a truly consistent approach would involve reducing the number of minor offenses and decriminalizing activities such as driving without a ticket. This would alleviate the need for initial investigations, giving prosecutors more time for critical cases. She also criticized the Union for continuously demanding more criminal offenses while simultaneously refusing to provide the necessary staff to law enforcement authorities.
Luke Hoß, the Left Party’s legal policy spokesperson in the Bundestag, noted that current policies force prosecutors to adjudicate minor issues, such as unpaid bus tickets or stolen chocolate bars. He argued that amending or abolishing such offenses would provide massive relief, freeing up time to pursue serious matters, such as tax fraud involving large corporations.
