From Bench to Parliament and Back: Resilience of the Judiciary and Safeguarding Judicial Independence in Germany

Abstract The goal of this Article is to contribute to the broader discussion on strengthening the resilience of the rule of law in Germany by focusing on how to protect trust in the judiciary and judicial independence against (possibly) radicalized judges. The Article provides an introduction to the current legal situation in Germany regarding judges’ active involvement in politics, as well as an overview of the historical background. It addresses the regulation governing the right to return to a post as a judge after having been a member of parliament, and disciplinary rules regarding appropriate behavior of judges. It illustrates the current legal status quo and considers possible consequences for judicial independence and public trust in the judiciary. The Article concludes with proposals to improve the resilience of the judiciary.