Prosecutors' agencies - Limbach advocates for tighter control in handing out orders.
As per the proposed regulation by the federal justice minister, is suggested that instructions from federal and state governments to future justice ministers must be in writing, justified, and within tight boundaries. Instructions from superiors are only allowable if they prevent unlawful decisions and there's a decision-making scope or discretion involved.
The North Rhine-Westphalia minister opined that additional restrictions are necessary. The RP Limbach quoted the minister saying, "The draft from the federal justice minister is half-hearted and misses the target of ensuring the independence of the public prosecutor's office against political influence."
Sven Rebehn, the managing director of the German Judges' Association, informed the paper that the "political instruction authority for specific criminal proceedings" dates back to the previous century. Rebehn cautioned against misuse of this authority before the Justice Minister Conference on Wednesday in Hanover, stating, "In the wrong political hands, it would be disastrous for the prosecution."
Federal Justice Minister Buschmann clarified to the German Press Agency that the draft from his office clearly outlines the restrictions on external ministerial instruction authority, including a ban on unrelated considerations. He emphasized, "This signifies that politically-driven instructions without any reference to the proceedings are inadmissible." According to Buschmann, abolishing the instruction authority entirely would contradict the principles of democracy, as the public prosecutor's office in Germany is an integral part of the executive. He argued, "The minister's ability to issue instructions ensures a continuous chain of legitimization from the people to the democratically elected parliament and the executive branch."
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The proposal by the federal justice minister, Benjamin Limbach from Germany, focuses on written, justified, and limited instructions to future justice ministers. The North Rhine-Westphalia government, led by an unnamed minister, believes additional restrictions are necessary, criticizing Limbach's draft as half-hearted. Marco Buschmann, the federal justice minister, addressed concerns about potential misuse of the political instruction authority, emphasizing that unrelated considerations are prohibited in his draft. Düsseldorf's Rheinische Post reported these developments, highlighting ongoing debates regarding the independence of the public prosecutor's office and political influence.
