The German Federal Ministry of Justice plans to open access to the youth lay-judge position to nonbinary individuals. This is revealed in a draft bill from Minister Stefanie Hubig (SPD), first reported by Legal Tribune Online.
Currently, the Youth Court Act (Jugendsgerichtsgesetz, JGG) provides only a male/female division. For example, Section 33a(1) of the JGG currently states: “As youth lay judges, one man and one woman shall be appointed for every main hearing.” Section 35 likewise refers exclusively to “men and women.” These formulations are to be removed.
The rationale behind the draft notes that these provisions largely rest on outdated notions about gender-specific educational competencies and attitudes. They could also deter individuals who do not identify with either gender from serving as youth lay judges or make their application process more difficult. In other courts, access to lay-judge positions is already governed in a gender-neutral way.
Protection against infiltration by right-wing extremists
The primary aim of the bill is different: it seeks to prevent right-wing extremists from infiltrating the courts through the selection of lay judges. States and associations will be invited to comment on the proposal. The plan includes explicitly enshrining constitutional fidelity for all volunteer judges in the German Judges Act.
Elected lay judges should stay in office until their successors are chosen. This measure is intended to prevent blockades of lay-judge appointments by extremist parties that could otherwise hamper the functioning of the judiciary.
Additionally, no person may become a lay judge if they have been convicted of a deliberate act resulting in a monetary fine greater than 90 daily-rate units or a prison sentence. By comparison, the current threshold is more than six months of imprisonment.
Lay judges elected every five years
Hubig stated in a June interview that “there are indications that more and more candidates are applying to become lay judges who no longer adhere to the liberal democratic basic order.” Consequently, her ministry is preparing reforms. The draft also clarifies that nationwide no one may be admitted to the legal training program who, through words or deeds, opposes the liberal democratic order.
Lay judges are volunteer judges in criminal cases. They sit alongside professional judges and share the same voting power on guilt and punishment. They are elected anew every five years.
