{"title":"Judicial Review of Judicial Appointments in Germany","authors":"J. Riedel","doi":"10.36745/ijca.296","DOIUrl":null,"url":null,"abstract":"With its career justices, Germany is often criticized for its lack of self-administration of the judiciary. This is because judges are, as a rule, appointed by the government—even if at times a parliamentary committee is involved in selecting candidates. In assessing the German system, however, it is often overlooked that career decisions are subject to tight judicial review. The article explains how this system developed. It provides an overview of the procedure, summarizes the criteria for judicial review, and details how according to constitutional requirements competing candidates have to be assessed and compared. The article also discusses leading cases of this system, reviewing their facts, and showing their application. As such, it is a small study of how case law can work in a continental legal system.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2020-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal for Court Administration","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36745/ijca.296","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
With its career justices, Germany is often criticized for its lack of self-administration of the judiciary. This is because judges are, as a rule, appointed by the government—even if at times a parliamentary committee is involved in selecting candidates. In assessing the German system, however, it is often overlooked that career decisions are subject to tight judicial review. The article explains how this system developed. It provides an overview of the procedure, summarizes the criteria for judicial review, and details how according to constitutional requirements competing candidates have to be assessed and compared. The article also discusses leading cases of this system, reviewing their facts, and showing their application. As such, it is a small study of how case law can work in a continental legal system.
期刊介绍:
The International Journal for Court Administration (IJCA) is an on-line journal which focuses on contemporary court administration and management. It provides a platform for the professional exchange of knowledge, experience and research in those areas for a diverse audience of practitioners and academics. Its scope is international, and the editors welcome submissions from court officials, judges, justice ministry officials, academics and others whose professional, research projects, and interests lie in the practical aspects of the effective administration of justice. IJCA is an open access journal, and its articles are subjected to a double blind peer review procedure. Please contact the editors if you are not sure whether your research falls into these categories.