»The authority taking the decision on the selection and career of judges should be independent of the government and the administration.«

CoE Recommendation No. R (94)12


DeutschDeutsch über gleiches Thema: http://wkeim.bplaced.net/files/1208greco.htm


Walter Keim, Email: walter.keim@gmail.com
Almbergskleiva 64
NO-6657 Rindal, 5. May 2013


Group of States against corruption (GRECO)
DIRECTORATE GENERAL ON HUMAN RIGHTS AND LEGAL AFFAIRS
DIRECTORATE OF MONITORING
Council of Europe
F-67075 Strasbourg Cedex

Copy: European Union Agency for Fundamental Rights (FRA), Secretary General CoE Thorbjørn Jagland


DG1/WR/er PO 775: GRECOs focus on parliaments, judges and prosecutors in 2014


Dear Mr Rau,

thank you for acknowledging the receipt of my letter dated 31. March 2013 about access to public information [3]. The documentation was duly noted and put on file for future reference.

You add that current focus is on the prevention of corruption in respect of members of parliament, judges and prosecutors and Germany will undergo evaluation under this thematic frame in the course of 2014.

According to Article 10 of the United Nations Universal Declaration of Human Rights, Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Council of Europe Recommendation No. R (94)12 judiciary has to be independent.

However in many German federal states (Länder) judges are hired, promoted and supervised by government [1].

Especially the history behind supervision of judges is embarrassing.

When administrative courts were founded, there was no supervision of judges, because it would have been a disadvantage for citizens who complain against the administration lead by the government. However the dictator Hitler added supervision of courts. Before the Prussian administrative courts (Preußischen Oberverwaltungsgericht) have been without supervision since 1875, as well as e. g. administrative courts in Saxony. But § 7 sentence 1 of the first regulation ("Durchführungsverordnung) of 29. April 1941 of the decree of the fuehrer ("Führer-Erlass") on the establishment of the administrative court of the Reich (Imperial Law Gazette RGBl I S. 201: Erste DV = RGBl I S. 224) gave the minister of justice of the Reich supervision rights [2].

The suggestion to adopt European and international standards is always rejected by parliaments by quoting Article 97 of the Basic Law: "Judges shall be independent and subject only to the law." [4] It seems enough that independence is on paper to convince politicians and public. Today a majority of both law scientists, lawyers and politicians reject international law and prefer to defend this invention of supervision of judges of the dictator Hitler.

Obviously judges are in fact subject to the government (to be hired, promoted and supervised) and therefore not free to apply the law in favour of citizens complaining at courts against governments. In cases Keim ./. Germany VG 2 A 85.04, 1 BvR 1981/05, 1 BvR 2565/05, VG 2 A 55.07, 1 BvR 238/09 and Walter Keim ./. Freistaat Bayern Az. M 17 K 12.3408 show, that judges do not respect the human right of access to information incorporated with the rank of a law by ICCRP and ECHR.

If independence of judiciary is not yet part of the GRECOs investigations I would like to suggest to add it.

Sincerely,
--
Walter Keim
Netizen: http://walter.keim.googlepages.com
More then 6 of 8 Baltic Sea NGO Forum suggestions supported by the 
Human Rights Council:
http://wkeim.bplaced.net/files/foi-upr-de.htm#result
Is it possible to enforce access to information in Bavaria?
http://wkeim.bplaced.net/files/enforce_access_to_information.html

Sources:

  1. Separation of Powers in Germany: http://wkeim.bplaced.net/files/separation_of_powers.htm
  2. Gewaltertrennung in Deutschland: http://wkeim.bplaced.net/files/gewaltentrennung.htm
  3. Keim, Walter (24. August 2012): Access to Information: GRECO failed in Second Evaluation Round and must therefore do better in Third Round: http://wkeim.bplaced.net/files/foi-greco.htm
  4. Keim, Walter (25. February 2012): Rejection of Suggestions of Commissioner for Human Rights by German Parliaments, Freedom of Information and Separation of Powers: http://home.broadpark.no/coe_result.htm
Answer:

Internet:
  1. GRECO (28. Nov. 2012): Non-Compliance Greco RC-III (2012) 15E Interim report: http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoRC3%282012%2915_Germany_Interim_EN.pdf
  2. Berger, Sven (28.11.2012): Der Spiegel: Criticism by Council of Europe: Germany Falling Behind in Fight against Corruption
  3. FreedomInfo.org (25 February 2013): Austria, With Worst Rated RTI Law, Resists Reform demanded by GRECO
  4. Review of Germany - 16th Session of Universal Periodic Review (25. April 2013): More then 6 of 8 Baltic Sea NGO Forum suggestions supported by Human Rights Council : http://wkeim.bplaced.net/files/foi-upr-de.htm#result
Development:



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