Germany: Banning extremists from serving as volunteer judges

The minister, a member of the Social Democratic Party, told the German newspaper Welt am Sonntag, scheduled for publication tomorrow Sunday, that she would present the bill next week.

Höbich said: “We want to make clear in the law that volunteer judges (lay judges) must also defend the free democratic order... They must be firmly committed to the German Constitution.”

Under the proposal, it would no longer be possible to serve as a volunteer judge (lay judge) for anyone who has been convicted of an intentional crime and sentenced to a fine exceeding 90 daily units or to a prison term.

Höbich clarified that the lay judge selection committee must investigate any doubts about a candidate’s commitment to the Constitution. In this regard, it could request information from the Federal Central Register or examine public social media accounts, for example. The current system already allows anyone to object to a candidate, based on the publication of name lists for public inspection, which is a mandatory procedure.

Höbich had announced the reform last June. At the time, she told newspapers in the German media network Deutschland that there were indications of a growing number of applicants for the position of volunteer judge (lay judge) who no longer adhere to the foundations of the free democratic order.