Justiz: Reform für Schöffen: Strengere Regeln gegen Extremisten

The German Federal Ministry of Justice has proposed changes to the laws governing volunteer judges, aiming to prevent courts from being undermined by far-right extremists through the election of jurors. The draft, which now awaits the response of states and organizations, explicitly establishes the duty of constitutional loyalty for all volunteer judges in the German Judges Act.

Selected jurors will remain in office until their successors are elected, thereby preventing potential blockages of jury elections by extremist parties that could cripple the rule of law. Moreover, no one convicted of a deliberate offense with a fine exceeding 90 days' wages or imprisonment should be allowed to become a juror. Currently, the threshold for imprisonment is more than six months.

Jurors are voluntary judges in criminal proceedings, serving alongside professional judges in courts and having equal voting rights in determining guilt and sentencing. Their term of office lasts five years. Federal Justice Minister Stefanie Hubig (SPD) stated in June that there were indications suggesting that increasingly candidates were applying as jurors who no longer stand on the ground of the free democratic constitutional order, prompting her government to prepare a reform.

The draft also clarifies that nationwide, no one who attacks the free democratic constitutional order with words or deeds may be admitted to the legal preparation service. The proposal also includes a practical change unrelated to jurors: future law students will be able to decide when they or they complete the mandatory three-month practical training periods.

Specifically, the German Judges Act will state that the mandatory practical training of three months "should be undertaken preferably during the school holidays." Under the current legal framework, law students must generally complete their practical training during the school holidays.