"Concerns" About Job Posting in the Ministry of Justice

The job posting in the Ministry of Justice is about the leadership of a newly established unit for public law and information management, which emerges from an existing department. This unit will deal with constitutional and administrative law, the Freedom of Information Act, as well as cooperation with parliament and the council of ministers. A completed law degree and several years of experience in administrative service are required, but not experience in the judiciary.

Job Posting in the Ministry of Justice: Professional Associations Insist on "In-House Prosecutor Solution"

The professional associations of judges and prosecutors see this as a "(further) departure from the 'in-house prosecutor solution'". In the Ministry of Justice, a large portion of academic positions are filled with (seconded) judges and prosecutors. This has "established itself for good reason," argue the associations: "It ensures professional exchange, mutual understanding, and accounts for an office understanding oriented towards the rule of law and judicial independence. The existing practice of permeability between the courts/prosecutors and the ministry promotes knowledge transfer, trust, and contributes to the quality of judicial policy decisions."

The ministry cannot understand the concerns. Exactly this "in-house prosecutor solution" is not being questioned, the advertised position does not affect judicial self-governance. In the Ministry of Justice, there is a range of tasks that require specific expertise, which is typically not covered by judges - such as the areas of data protection, procurement law, or penal system. "Therefore, job postings in these areas have long been open, meaning they are also advertised for lawyers or other academics. Accordingly, a part of the academic positions (including staff and department heads) is already not filled with judges and prosecutors."

Ministry of Justice: Job Posting Deliberately Open

Even in the higher regional courts, higher public prosecutor's offices, and the Federal Administrative Court, academic leadership positions are filled with individuals who are not judges or prosecutors, the ministry argues. Given the specific tasks of the position, the "job posting was deliberately chosen to be open to ensure that the special knowledge in the area of constitutional and administrative law, as well as in cooperation with parliament, is fulfilled".

(APA/Red)

This article has been automatically translated, read the original article here.