Federal Justice Minister Stefanie Hubig (SPD) is making efforts to prevent right-wing extremists from undermining judicial systems by influencing the selection of lay judges. According to the Editorial Network Germany, she is currently working on a corresponding draft law.
Hubig stated to the RND that “right-wing extremism is the biggest danger to our democracy, and we must strengthen our rule of law to confront those who oppose the constitution and extremists.” She focused particularly on the judiciary, emphasizing that anyone working in the justice system must firmly adhere to the principles of Germany’s liberal democratic constitutional order. Consequently, they are drafting legislation intended to more clearly define constitutional loyalty and the process of electing lay judges.
The Minister noted that there are indications that an increasing number of candidates applying to be lay judges do not adhere to the basis of this constitutional order, which she stressed cannot be allowed. She affirmed that any aspiring lay judge must demonstrate constitutional fidelity, which the new law will clarify. She pointed to the situation in Thuringia, where the rule of law faced attacks due to the blockage of constitutional judge elections, arguing that this should not apply to lay judge elections either. She added that a proposal will soon be presented to mitigate the consequences of any potential blockades.
Historically, there have been reports dating back to the Ampel Coalition era about a significant shortage of volunteer lay judges across Germany. Right-wing networks were reportedly urging their adherents to fill these gaps, with minimal oversight or control being in place.
When addressed regarding the possibility of banning the AfD, the SPD politician remained cautious. She emphasized that a party ban is the most severe measure available under the Basic Law, necessitating a serious evaluation of whether the necessary conditions could be met in the case of the AfD. However, she maintained that the political debate would continue, and it is necessary to win back public trust, noting that citizens expect coherent policies from both the federal and state governments. Hubig concluded by expressing deep concern over the considerable support the AfD is receiving in states like Saxony-Anhalt, despite its classification as right-extremist.
