The German Federal Ministry of Justice has finalized plans to implement stricter vetting procedures for candidates applying to become lay judges. According to reports, the ministry is currently developing a legislative draft that would modify and supplement the existing German Judiciary Act.
A ministry spokesperson stated that the new regulations aim to legally mandate that only individuals who can guarantee their commitment to the free and democratic constitutional order, as defined in the Basic Law, may serve as honorary judges.
The Ministry is also considering changes to the current selection process for lay judges. Currently, individuals who have violated principles of humanity or the rule of law, or who were employees of the former GDR state security service, should not be appointed as lay judges. However, the spokesperson noted that whether an applicant must submit a written declaration regarding potential reasons for disqualification is currently at the discretion of the responsible authority. The Ministry is now considering adjusting this specific rule concerning the required written declaration.
The CDU/Union opposition faction has added a demand for the involvement of the Federal Office for the Protection of the Constitution (Verfassungsschutz) in the selection process. Günter Krings, a deputy in the CDU parliamentary group, remarked that “the problem is not the norm, but its enforcement.” He criticized the current system, stating that the review process depends on the applicant’s place of residence, and argued that this fragmented approach needed to end. Krings urged the implementation of a nationwide, mandatory vetting procedure before appointment, supported by official inquiries to the constitutional protection agencies, thus giving the election committees a reliable basis for their decisions. This process should also include clear rules for suspension or removal should doubts arise during the tenure.
In response, the AfD criticized the planned reform, with its legal policy spokesperson, Tobias Matthias Peterka, calling the proposal “the exact opposite of an independent judiciary.” The AfD maintains that every lay judge, like every judge, must adhere to the principles of the free and democratic constitutional order, adding that the current regulations and the vetting performed by the lay judge election committee are already sufficient.
