Judicial Review of Judicial Appointments in Germany

With its career justices, Germany is often criticized for its lack of self-administration of the judiciary. This is because judges are, as a rule, appointed by the government—even if at times a parliamentary committee is involved in selecting candidates. In assessing the German system, however, it is often overlooked that career decisions are subject to tight judicial review.

The article explains how this system developed. It provides an overview of the procedure, summarizes the criteria for judicial review, and details how according to constitutional requirements competing candidates have to be assessed and compared.

The article also discusses leading cases of this system, reviewing their facts, and showing their application. As such, it is a small study of how case law can work in a continental legal system.