Overview

• The Deutscher Richterbund has formally called for Germany to enshrine limits on ministerial directives to public prosecutors in the constitution or statute.
• Under the Gerichtsverfassungsgesetz, German prosecutors are required by law to follow instructions from superiors, including the Federal Ministry of Justice.
• The European Court of Justice has raised doubts about the independence of German public prosecutors in its recent rulings.
• Austria’s coalition government has agreed to establish a three-member federal prosecution office to oversee state prosecutors, offering a model for Germany.
• North Rhine-Westphalia’s justice minister proposed that federal intervention occur only if the prosecutor general fails to address identified legal errors.