DonateGermany’s New “Pact for an efficient Rule of Law: Old Plans or a Real Fresh Start?
As early as 2018, the federal government announced for the 19th electoral term a Pact for the Rule of Law between the federal government and the states. This pact aimed to create new positions at the courts of the states and the federal level, as well as corresponding “follow-up personnel.” Additionally, the staffing of the Office of the Federal Prosecutor General (GBA) was to be improved. The coalition also agreed to consistently and uniformly advance the digitization of the judiciary in all areas.
Is the New “Pact for the Rule of Law” as Good as the Old One?
At that time, Justice Minister Dr. Katarina Barley emphasized the importance of the pact. She stated that a pact for the rule of law would be concluded at the level of heads of government of the federation and the states, thereby launching a comprehensive quality offensive. Within this pact, 2,000 additional positions in the judicial and prosecutorial service were to be created. Furthermore, significantly more positions for non-judicial personnel were agreed upon.
By 2021, significant progress had already been made. The states had created around 2,700 new positions in the judiciary, of which about 200 still needed to be filled. According to reports, for example, Berlin has filled all 229 newly created positions for judges and prosecutors. Likewise, in Thuringia, Bavaria, Bremen, Hamburg, Mecklenburg-Western Pomerania, and Schleswig-Holstein, all newly created positions have been filled. In addition, the states have created about 3,800 positions in the non-judicial and non-prosecutorial staff area, of which around 2,500 have already been filled.
Justice Minister Prof. Constanze Geiert, chair of the conference of justice ministers, announced a reissue in Bad Schandau in early June. She emphasized that the states made it clear at the justice ministers’ conference that the new Pact for the Rule of Law must be implemented quickly and with substantial federal participation. She stressed that the shared responsibility for the rule of law requires joint action by the federation and the states.
The Concept for the New “Pact for the Rule of Law”
The concept for the new pact is based on three pillars: First, the sustainable strengthening of personnel in the judiciary by creating and financing at least 2,000 additional positions in the judicial, prosecutorial, and non-judicial personnel sectors. Second, the digitization of the judiciary will be improved through federal participation in costs of at least 200 million euros annually over four years. Third, procedural workflows will be streamlined and accelerated through reform commissions. Furthermore, close cooperation between the federation and the states is emphasized, and the federal special fund “Infrastructure Investments” is to be used to modernize the judiciary. The document concludes with an appeal to the Federal Minister of Justice and Consumer Protection to take the necessary steps to finalize the pact together with the federal government and the states and to provide the required resources. The concept for the new Pact for the Rule of Law in Germany can be found here.
Overall, the federal government has committed to provide approximately 500 million euros over the next four years. This amount is divided into about 240 million euros for strengthening personnel in the judiciary. These funds will be transferred to the states in two installments (expected in 2026 and 2028). Around 210 million euros will be provided for digitizing the judiciary. These funds will be distributed annually from 2027 to 2029, with about 70 million euros each year. The funds for digitization will not be directly passed on to the states but will be used for specific digitization projects.
The federal government is providing a substantial sum of half a billion euros, distributed across various financing branches. Approximately 200 to 240 million euros are intended for creating new positions, while around 210 million euros will go into digitization measures.
What Does the New “Pact for the Rule of Law” Bring?
The new Pact for the Rule of Law aims to strengthen the German judiciary. Thousands of new positions for judges, prosecutors, and supporting judiciary staff are intended to eliminate existing bottlenecks and reduce the high number of pending cases. The introduction of the electronic file and the use of digital tools and artificial intelligence are intended to increase efficiency and improve data processing. Structural reforms, such as promoting single judges, pilot procedures, and adjustments in criminal and civil procedural law, aim to streamline and accelerate procedural workflows.
These measures are expected to significantly shorten the duration of proceedings. Additionally, the increase in personnel will help ensure fewer cases are dropped, likely resulting in a higher conviction rate and overall more judicial decisions. The pact addresses the previous “bottleneck” in criminal justice and seeks a noticeable relief and efficiency improvement. However, success will largely depend on how consistently the federal government and the states implement the agreed measures.
