Federal Minister of Justice Stefanie Hubig (SPD) has urged civil servants in Saxony-Anhalt to refuse illegal directives from a potential AfD-led state government. Speaking to the newspapers of the “Funke Media Group” (Saturday editions), Hubig stated, “If a civil servant has the impression that they are being given illegal instructions, they must clearly express their concerns internally. They cannot simply claim that they only did what they were told.”
Hubig emphasized that civil servants swear an oath to the constitution and must therefore adhere to the rule of law.
Addressing the potential influence of an AfD government on the judiciary, the Minister noted that judges are independent and she is confident that the judiciary would resist any attempts at influence. However, she clarified that the legal framework for prosecutor’s offices differs. As part of the executive branch, they are subject to ministerial instruction, although this power is limited. Hubig added that she has no doubt that prosecutors would also resist illegal orders.
The Minister also highlighted that the federal government has the ability to act against legal violations committed by a state government, noting that the states are bound by the provisions of the Basic Law-the German constitution-just as much as the federal government. According to Hubig, the principle of federal loyalty (Bundestreue) requires both the federal government and the states to consider one another. Should a state violate its legal duties, the federal government can appeal to the Federal Constitutional Court. Furthermore, there is the concept of federal compulsion (Bundeszwang).
