Justice - Limbach wants reform of appointments to top judicial posts
After the disputes over the leadership of the Upper Administrative Court (OVG) in North Rhine-Westphalia, Justice Minister Benjamin Limbach (Greens) has proposed a reform of the appointment procedures for top positions in the justice system. According to Limbach, who spoke on Wednesday in a position paper, specific requirement profiles should be created in advance for the leadership positions of the higher courts and general prosecutors' offices.
Official evaluations should be requested in time with the application deadline. Evaluation gaps should no longer exist due to corresponding regulations. The ministry should follow current jurisprudence and no longer issue additional evaluations.
Interview meetings with applicants should be documented in Limbach's opinion in the future, even if the content remains confidential. The advisory committees should be involved earlier and more strongly. The termination of an appointment procedure should be legally regulated. His proposals require a change in the State Judges Law.
Regarding the two overriding principles, Limbach said, nothing should be disturbed: the principle of the best selection and the comprehensive reviewability of the procedures by the administrative courts.
The final decision on the filling of the top positions will continue to lie with the state government, as this is a constitutional requirement. If the decision were to be transferred to the parliament or the bar associations, the constitution would have to be changed, Limbach said.
In relation to the appointment affair at the OVG, Limbach stated that, in today's view, he would invite his conversation partner, if the topic of a position came up at a private dinner, to arrange a formal appointment at the ministry.
Limbach was asked by a friend at such a dinner whether it made sense to apply for the presidency of the OVG. The lawyer, with whom the minister was conversing, eventually received the position.
Subsequently, the minister had to defend himself against accusations from the business community. Since the applicant was a CDU member and CDU politicians were actively involved in the matter, the suspicion of party cronyism also arose.
The case has occupied several courts and is currently still with the Federal Constitutional Court. In addition, it is to be examined by a parliamentary investigative committee.
In the reform proposed by Justice Minister Benjamin Limbach in North Rhine-Westphalia, specific requirement profiles will be created for higher court leadership positions and general prosecutors' offices in advance. Documentation of interview meetings with applicants will be mandatory, according to Limbach, even if the content remains confidential. To ensure legal regulation, the termination of an appointment procedure needs to be addressed in the State Judges Law.
The minister emphasized the importance of maintaining the principles of the best selection and comprehensive reviewability of procedures by the administrative courts in the selection process. The final decision on the filling of top positions will continue to lie with the state government, as per the constitutional requirement. However, if the decision were to be transferred to the parliament or the bar associations, a change to the constitution would be necessary.
In the midst of an appointment affair at the Upper Administrative Court (OVG) in Düsseldorf, where the high administrative court is situated in NRW, Limbach defended himself against accusations of party cronyism due to a CDU member receiving the position after a private dinner conversation. This case has been examined by several courts, including the Federal Constitutional Court, and is currently still under investigation by a parliamentary investigative committee.
