Dresden, Karlsruhe (epd). According to a decision by the service court at the Federal Court of Justice (BGH), the right-wing extremist judge Jens Maier remains in early retirement. “The public’s trust in the person and the administration” of the Saxon judge has been “highly impaired,” the BGH announced on Thursday in Karlsruhe. Further judicial activity could lead to “serious damage to the reputation of the administration of justice”. It was said that this would rule out Maier remaining in the judge’s office. (AZ: RiZ (R) 1/23)
The service court at the BGH followed the Saxon service court in Leipzig with its decision. At the end of 2022, this accused Maier of violating a judge’s duty of moderation. This elementary duty also exists during your time as a member of parliament.
According to the BGH, the Karlsruhe service court took into account in its decision Maier’s role as chairman for Saxony in the “AfD” wing as well as statements he made at party events in Dresden in 2017. Two tweets from Maier were also included.
It was said that a judge’s impartiality is an “indispensable prerequisite” for the exercise of office. Retirement is justified if the judge, through his public appearance, gives the impression that “for political reasons, he will base his future official conduct on his personal assessment and no longer solely on the aspects of factual accuracy, legal compliance, justice, objectivity and the common good.
The Saxon Office for the Protection of the Constitution classifies Maier as a right-wing extremist. The lawyer wanted to return to the Saxon judicial service after serving as a member of the AfD in the Bundestag, but was forced into retirement in March 2022. The Saxon service court confirmed the decision at the end of 2022 and declared that there was no longer any trust in the judge’s impartiality. The 61-year-old had appealed against this.
Saxony’s Justice Minister Katja Meier (Greens) called the BGH decision on Thursday a nationwide trend. Enemies of the constitution are not allowed to dispense justice in this country. With the rejection of the appeal, it is legally established that the judge can now be retired immediately.
Parallel to the proceedings, the Saxon Ministry of Justice filed a disciplinary complaint against Maier in July – with the aim of “completely removing the judge from service”. This would also cancel Maier’s right to a pension. The ministry accuses him of violating official duties.
Among other things, he is said to have glorified the violent acts of the Norwegian right-wing terrorist Anders Breivik and to have violated the requirement of moderation for civil servants and judges and the duty of loyalty to the constitution with racist statements.
The Maier case sparked a discussion about the constitutionality of judges. The Bundestag and Bundesrat are discussing a reform of the Judges Act. Among other things, the hurdles for disciplinary sanctions should be reduced.