Are judges judicial persons
Person who, appointed in certain forms as a professional judge or honorary judge, exercises judicial power independently and only subject to the law.
Legal basis: Art. 97, 98 GG; German Judges Act in the version dated April 19, 1972 (Federal Law Gazette I 713) with later amendment and the state judge laws.
1. requirements for appointment:
(1) Qualification for judicial office;
(3) Guarantee for the free democratic basic order to stand up at all times.
In principle, judges (similar to civil servants) are appointed for life after having previously worked as a probationary judge for three years in the judicial service.
2. Factual independence: In judicial activity, the judge is free from instructions from superiors (which a civil servant would have to obey) and just bound by the law to be interpreted by him.
3. Personal independence: The full-time and systematically permanently employed judges can only be dismissed or permanently or temporarily removed from their office or retired before reaching the age limit against their will by virtue of a judicial decision and only for specific reasons provided for by law (Art. 97 II GG).
Judges are only subject to supervision if their judicial independence is not impaired. This means that the employer is forbidden from any appearance of influence. If the judge feels that his judicial independence is impaired by measures taken by the supervisory authority, he can appeal to the judge's service court.
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