The lawyer and AfD politician Jens Maier, classified by the Office for the Protection of the Constitution as a right-wing extremist, should not sit on the bench of judges again in Saxony. The Justice Department is bringing out the heavy artillery.
The controversial AfD politician Jens Maier should not speak again in Saxony after leaving the Bundestag in autumn 2021. The Free State is taking legal action to prevent him from continuing to work as a judge.
According to Justice Minister Katja Meier (Greens), the 60-year-old received two letters on Friday. “On the one hand, Mr. Maier will be returned to the judicial service as a district judge at the Dippoldiswalde district court with effect from March 14, 2022.” This fulfills the repatriation claim that he has as a former member of parliament under the law.
Application for retirement
At the same time, an application for Maier’s retirement under Section 31 of the Judges’ Act was made at the Leipzig Regional Court – the local service court for judges. “I have also submitted an urgent application to the service court for judges to temporarily prohibit Mr. Maier from conducting official business from the time he returns to work,” said the Minister of Justice.
Maier wants to return to the Saxon judiciary and submitted a corresponding application shortly before Christmas. Born in Bremen, he most recently worked as a judge at the Dresden District Court. He himself does not want to comment on his return. The AfD speaks of a “witch hunt” and stands behind Maier. His possible continued employment as a judge had triggered resentment and criticism. Other parties consider it unacceptable. The Auschwitz Committee and the Central Council of Jews pushed to prevent Maier’s return to the judiciary.
Paragraph only applied twice
According to the Judges Act, a judge can also be retired “if facts outside of his judicial activity make a measure of this type compellingly necessary in order to avert serious impairment of the administration of justice”. According to the Minister of Justice, the paragraph has only been applied twice in German jurisprudence.
According to the minister, this must be justified in detail and given objectively. In the case of Maier, this results not least from the public debate of the past few weeks and statements from science, the judiciary or the religious communities on this case. According to the assessment of her ministry, this was accompanied by a “serious shaking of confidence in the Saxon judiciary” in the public. Maier’s classification as a right-wing extremist by the Saxon Office for the Protection of the Constitution is also important.
Legal hurdles are high
“The legal hurdles are extraordinarily high. We are moving here in absolutely new legal territory, »said the Green politician. At the same time, all other measures such as disciplinary proceedings against Maier remained possible in this way. However, this must be managed by the future employer, the future court of Maier.
In addition, the state parliament has the option of impeaching a judge. He could use it to appeal to the Federal Constitutional Court to have a judge transferred to another office or retired, or even to obtain his dismissal. However, this step requires a two-thirds majority in Parliament. The Saxon CDU has so far been skeptical about the judge’s charges, and the Greens have commissioned an expert opinion.
Judges’ Association: “Intolerable Behavior”
The New Judges’ Association considers a judge’s indictment to be necessary. The German Association of Judges is also in favor of examining, in addition to the option of retiring, “whether Maier’s intolerable behavior” during his time as a member of parliament can be the basis for a successful judge’s indictment. The parliament in Dresden would be “a strong sign of a well-fortified constitutional state,” said federal director Sven Rebehn on Saturday of the German press agency.
“It would be an intolerable situation and would seriously damage the reputation of the administration of justice if a politician classified as a right-wing extremist by state authorities were to administer justice in Germany.” The judge indictment is anchored in the Basic Law and has only existed on paper so far. How the chances are in the Maier case is open. According to the judges’ association, the colleagues who speak the law cannot be anticipated.
Source: Stern
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