Definition and Legal Status of Professional Judges
Ein Professional Judge is, in Germany and other legal systems, in contrast to the lay judge, a full-time judge who, after completing the relevant studies and successfully qualifying for judicial office, is appointed for life, for a term, or, in rare cases, as a judge on probation. Professional judges exercise judicial authority within the meaning of the Basic Law of the Federal Republic of Germany (Art. 92 ff. GG) under state responsibility.
Professional judges ensure the continuity, legal certainty, and independence of the judiciary, as well as the realization of the right to a legal judge in accordance with Art. 101 para. 1 sentence 2 GG.
Appointment and Recruitment of Professional Judges
Entry Requirements
The prerequisite for appointment as a professional judge is generally the successful completion of the first and second state exams as well as formal qualification for judicial office pursuant to the German Judiciary Act (DRiG). In addition, personal, character, and health suitability are required, which are verified by selection processes and official medical assessments.
Procedure for Appointment
Appointment as a professional judge is carried out by the respective competent judicial authorities of the states or the federal government. It can be for a probationary period, for life, or, in certain legal fields, for a fixed term. Appointment for life, which is standard after a multi-year probationary period, becomes effective upon the handing over of the letter of appointment.
Legal Status and Function
Independence and Obligation to Law and Statute
Professional judges are independent and subject only to the law, in accordance with Art. 97 para. 1 GG. Judicial independence encompasses both substantive and personal independence:
- Substantive Independence: Judges decide independently, free from instructions—especially from executive or legislative interventions—in their judicial tasks.
- Personal Independence: The status of a professional judge protects against baseless transfers, dismissals, or other professional disadvantages.
Duties and Rights
Professional judges are subject to special official duties, including impartial conduct of office, confidentiality, and continuing education. They also enjoy specific rights, such as appropriate remuneration, benefits, and protection of their independence.
Areas of Responsibility of Professional Judges
Participation in Panels
Professional judges participate in various judicial panels, for example as single judges, presiding judges, or associate judges in chambers and panels. They have leadership responsibilities and are often responsible for the training of new legal professionals.
Jurisdictions
Professional judges are active in all branches of jurisdiction (ordinary, administrative, social, fiscal, labor courts). Their duties include presiding over main hearings, issuing decisions, and drafting judgments and orders.
Relationship to Lay Judges
In many branches of jurisdiction, especially in labor, social, and criminal courts, professional judges work together with lay judges. The professional judge typically presides and bears the main responsibility for the legal assessment of the case.
Special Legal Issues and Regulations
Disciplinary Law and Supervision
Professional judges are subject to a specific disciplinary law (§§ 77 ff. DRiG), which applies in limited proceedings due to their independence. Supervisory authority is limited to ensuring professional order and does not extend to control of judicial decision-making.
Liability and Immunity
Within the scope of their official duties, professional judges enjoy immunity. Criminal prosecution for their judicial activities can only occur in exceptional cases and under special conditions (e.g., perversion of justice pursuant to § 339 StGB). They are not personally liable for breaches of official duty; instead, the respective state or the federal government is.
Transfer and Dismissal
A transfer against the will of the professional judge is only possible under special legal conditions (§ 31 DRiG). Dismissal is only possible following strictly regulated legal procedures, such as in cases of serious official misconduct or incapacity to fulfill the duties of office.
Career Development and Continuing Education
Professional judges can pursue various career paths, for example to the positions of president, presiding judge, or to administrative roles within the courts. Continuous training is an inherent part of the profession and serves to ensure the quality of judiciary.
Gender and Diversity Aspects
Access to judicial office as a professional judge is independent of gender or background. The promotion of diversity has become an increasingly important aspect of personnel development in the judiciary and is based on the principles of equal treatment.
Historical Development of the Professional Judge
The office of professional judge developed in Germany from the judiciary structures of the 19th century and was constitutionally secured with the Imperial Judicial Legislation and later by the Basic Law. The continuity of judicial independence is a fundamental pillar of modern separation of powers.
Distinction from Other Judicial Functions
There is a particular distinction from the lay judge, who exercises the judicial office only in a voluntary capacity and for a limited time, whereas the professional judge is appointed full-time and usually for life.
Literature and Legal Foundations
- Basic Law for the Federal Republic of Germany (especially Art. 92 ff. GG)
- German Judiciary Act (DRiG)
- Judicial Law of the Federal States
- Criminal Code (§ 339 StGB)
- Other relevant annotated literature and case law
See also:
Frequently Asked Questions
How are professional judges appointed in Germany?
The appointment of professional judges in Germany is regulated in the Judiciary Act (DRiG) and the respective state judiciary acts. It is generally effected by the respective appointing authority, usually the state minister of justice for state court judges or the federal minister of justice for judges at the highest federal courts. Basic requirements are passing the first and second state law examinations as well as personal suitability, professional competence, and reliability of character. The actual selection is made through a structured selection process, which usually includes an application phase, official assessment, and, where applicable, interviews or assessment centers. The appointment is made by handing over an official letter of appointment; upon acceptance of the office, the judge’s status is established for life, on probation, or revocably.
What legal bases determine the independence of professional judges?
The independence of professional judges is stipulated by Article 97 of the Basic Law and § 1 DRiG. According to these, judges are independent and subject only to the law. This independence refers to both substantive independence—that is, being bound only by law and statute—and personal independence, for example through extensive protection against dismissal and transfer. Interventions by the executive branch, such as instructions from superiors regarding the content of judicial decisions, are legally inadmissible. In addition, there are disciplinary procedures and special protection provisions, e.g., transfers only under strict statutory requirements.
What special duties and rights do professional judges have?
Professional judges are subject to specific duties that go beyond the general official responsibilities of civil servants. The most important include neutrality, independence, the duty of confidentiality, disclosure of reasons for potential bias, and the obligation to conduct proceedings impartially. They are also required to continually further their education. Rights of professional judges include, among others, special protection against transfer and dismissal, participation in judicial self-government bodies (e.g., judicial councils or presidium councils), and the right to lodge complaints against organizational measures. Their remuneration and benefits are determined by special salary scales as stipulated in the Federal Remuneration Act and the salary laws of the federal states.
What is the legal status of professional judges?
The legal status of professional judges differs in some respects from that of civil servants. They are regarded as holders of a special type of public office. According to the DRiG, they enjoy comprehensive protection against dismissal and transfer through tenure for life; these are only possible upon the existence of legally regulated grounds (e.g., serious official misconduct, retirement age). Professional judges are subject to disciplinary supervision; however, they are not subject to administrative supervision concerning their decisions, which guarantees judicial independence. The scope of administrative supervision is limited to official conduct outside of judicial decision-making.
Under what conditions can professional judges be removed or transferred?
Removal or transfer of professional judges is only permissible under very strict legal conditions to safeguard their independence. According to Art. 97 GG and § 30 ff. DRiG, judges may be removed from office or transferred to another court against their will only by judicial decision and only for reasons precisely specified by law (e.g., serious official misconduct, permanent incapacity). In proceedings before a judicial service court, the judge can be permanently retired or dismissed. Temporary secondments are also only permitted under strict statutory conditions and for a limited period.
What regulations apply to the retirement age and pension of professional judges?
The retirement age of professional judges is determined by federal or state law. It is usually reached upon attaining the age of 67, although statutory provisions may vary. Upon reaching the retirement age, judges retire and are entitled to a pension pursuant to the relevant civil service laws of the federal government or the states (e.g., Civil Service Pensions Act). The amount of the pension depends on the length of service and the last salary received as a judge, with statutory maximum and minimum rates also applying.
How do professional judges participate in the self-administration of the judiciary?
Professional judges actively participate in judicial self-administration through membership in judicial councils, presidium councils, and judge representative bodies. These committees are elected at regular intervals and serve principally to represent the interests of the judiciary within the courts and towards the judicial administration. Their tasks include participating in personnel decisions, court organization, and matters concerning working conditions. The legal basis for this is found in the judicial laws of the federal government and the states, which define their composition, responsibilities, and procedures in detail.
