Stuttgart (dpa / lsw) - The dispute between the Ministry of Justice and the judges about the management of the Higher Regional Court (OLG) Stuttgart is clearly increasing in severity. The German Association of Judges in Baden-Württemberg criticized the lawyers for being stunned and outraged by the actions of Minister of Justice Marion Gentges. The CDU politician is breaking the decades-long consensus on the tasks and powers of the Presidential Council. Earlier, the ministry had filed an application for an injunction against a decision by the court's Presidential Council.
Both sides disagree on who will succeed Cornelia Horz. The previous Higher Regional Court President retired in May. The process is unique in recent judicial history.
"The judiciary is appalled by this attack on the separation of powers and the independence of the judiciary," it said on Monday. If the Minister of Justice prevails, the trust of the judges "in an appropriate filling of the promotion offices based solely on the criteria of suitability and qualification" will be significantly damaged. It could even "seriously damage" the reputation of the judiciary in international perception.
Justice Minister Marion Gentges (CDU) had favored Beate Linkenheil for the vacant OLG line post – and suggested it to the Presidential Council of Judges. He may check whether there are errors. There, however, the department head in the Ministry of Justice was rejected. The Presidential Council spoke out in favor of Andreas Singer, the President of the Stuttgart Regional Court. A settlement talk held before Pentecost was unsuccessful.
In this case, the law stipulates that the judge selection committee, which includes both representatives of the judiciary and representatives of the parties represented in the state parliament, should be called upon. However, the fact that the ministry has now decided to have the opinion of the Presidential Council reviewed by a court is unusual. According to a spokesman, the ministry also wants to use the procedure to clarify future cases and clarify the scope of the Presidential Council's powers.
