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CROSS-SPECTRUM

German Judges' Association Calls for Immediate End to Ministers' Directive Powers

The German Judges' Association is urging a legislative change to eliminate ministries' authority to issue directives in criminal investigations after the AfD's strong performance in Saxony-Anhalt.

In the aftermath of the AfD’s electoral success in Saxony-Anhalt, the German Judges' Association pressed the federal government to strip justice ministries of their statutory power to issue directives in ongoing criminal proceedings. Association secretary Sven Rebehn told the Kölnische Stadt-Anzeiger that the law must be changed to prevent extremist parties from steering investigations through ministerial orders, adding that the Bundestag could pass the amendment without delay.

Current legislation permits ministries to "regulate down to individual cases," a practice the association deems risky. Justice Minister Stefanie Hubig (SPD) said prosecutors would oppose illegal directives, though she recognized that the executive retains limited authority over prosecution offices. She also referenced the constitutional mechanism of federal coercion, which could compel a state to apply federal law if it violates constitutional duties.

Why it matters

It aims to safeguard the independence of prosecutions and prevent political meddling in Germany's justice system.

In this story

judges associationministerial directivescriminal investigationsAfDSaxony-Anhaltfederal lawprosecutorial independencefederal coercionjustice ministry
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