Federal Justice Minister Stefanie Hubig (SPD) has announced legislation aimed at making it more difficult for extremists to serve as lay magistrates. Hubig stated to “Welt am Sonntag” that she will present a draft law to reform the Code of Judicial Procedure next week.
Under the proposed law, it is stipulated that volunteer judges must uphold the democratic and liberal constitutional order. They must adhere strictly to the fundamental principles of the German Basic Law.
A primary restriction involves those who have been convicted of a deliberate crime and receive a fine equivalent to more than 90 daily rates, or who are sentenced to imprisonment. Such individuals would be disqualified from serving as lay magistrates.
Furthermore, if there are doubts regarding a candidate’s commitment to the constitution, the lay magistrate election committee must investigate the matter. Hubig indicated that this committee would be empowered to obtain information from the central register of the federal government and to review public social media profiles.
Despite these changes, the existing requirement that the list of candidates for the lay magistrate post must be publicly displayed, allowing anyone to file an objection, will remain in place. However, the minister stated that she does not believe a mandatory review by the Federal Office for the Protection of the Constitution is necessary, asserting that the country requires citizens willing to engage as volunteer judges.
