Higher Regional Court
Justice issue: Doubts of constitutional loyalty to legal trainees
How do you keep it with the constitutional loyalty? The judiciary deals with this question – especially with a view to applicants for the legal preparation service.
In view of current social developments, presidents of Higher Regional Courts want to observe whether prospective lawyers are constitutional. They expect an increase in cases where there are doubts. “We recognize a tendency that this increases and we want to be prepared for this,” said the President of the Higher Regional Court Koblenz, Thomas Henrichs.
He referred to publications of the Federal Constitutional Protection, according to which there is an increase in people active in right -wing extremist and other extremist areas. Henrichs commented at the annual conference of the President of the German Higher Regional Court, the Bavarian Supreme Court and the Federal Court of Justice in Weimar in Thuringia. The Thuringian OLG is chaired this year.
Different procedures in the countries
The conference was also about how uniformly in the individual countries could be used on the subject. At the moment there are differences as to whether or not, according to Henrichs, there is expressly requested whether an explanation of the constitutional loyalty to the application for the legal trainee.
“From our joint perspective, it is now time to make the rule of law resilient against attacks from outside, but also from the inside,” emphasized the President of the OLG Celle, Stefanie Otte. She campaigned to give democracy education a larger space in the legal clerkship than before. For example, the importance of judges in National Socialism could be increasingly discussed, suggested Otte.
Known case crucial
The background is a decision by the Federal Administrative Court from October 2024. The court in Leipzig made it clear that legal references to the minimum requirements for constitutional loyalty must meet and, in particular, should not actively act against the basic values of the constitution. The specific case dealt with the right -wing small party “The III. Weg” active man who had applied for the legal preparation service in Bavaria and was rejected.
dpa
Source: Stern
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