Judicial Independence in Germany within the European Context

Abstract

At a time when judicial independence, or rather the lack of it in various European states, such as Poland or Hungary, is discussed, this seems an opportune moment to briefly reflect on judicial independence as it exists in Germany. While Germany has certainly gone a long way in trying to ensure judicial independence, it cannot be overlooked that the German system has some major deficiencies that threaten judicial independence. Despite much criticism in and outside of Germany, there has so far been no serious attempt in Germany to finally bring its rules on judicial independence more in line with European standards. This short article will first explain how judicial independence is guaranteed in Germany, before examining the system’s weaknesses.