Die richterliche Unabhängigkeit – Eine Bestandsaufnahme

Abstract

Regarding recent developments in Europe, the constitutional basis and scope of judicial independence is a salient question of the architecture of the judicial power in Germany, too. This article argues that judicial independence is not a personal privilege of judges but a functional requirement, which enables the judicial branch to exert its powers effectively. The analysis illustrates how judicial independence is protected as well substantively as procedurally under German legislation, which fills out the constitutional guarantee of the independence of the judges. Albeit a judge is under no obligation to follow instructions of a superior officer with regard to his or her legal findings, there are legitimate instruments of the court administration outside the centre of adjudication to secure good behaviour of the judges in office.