HOME Legal Encounters Der Fall der Berliner Mauer und der Aufbau einer rechtsstaatlichen Justiz in Brandenburg

Der Fall der Berliner Mauer und der Aufbau einer rechtsstaatlichen Justiz in Brandenburg

In cooperation with the Konrad Adneuaer Stiftung, the Institute of Law and Faculty of Law and Public Administration, held a legal encounter on the The Fall of the Berlin Wall and Building the Justice System: The German Experience on 3 November 2008. Administered by Mr. Jamil Salem, presentations were made by Honrourable Judge Christiane Dreusicke, Prseident of Magistrate Court of the Federal State of Brandenburg and Her Excellency Attorney General Martina Spiker in the Federal State of Brandenburg in Germany.
Highlighting nature of the political system related to courts, Judge Dreusicke presented a brief note on the development of the judicial function since the fall of Berlin Wall until the present day. Judge Dreusicke also explained difficult conditions encountered in building a judicial authority in the newly-established federal states of Germany as well as the pressure placed on the development of the judicial function. Most importantly, the judicial office suffered from short time and financial impediments. On the other hand, Judge Dreusicke stated that the German judiciary has relied on modern technological and digital systems (i.e. automated information). In the present time, approximately 1,500 cases are examined and solved per annum. In addition, Berlin operates up-to-date digital and technological systems that have never been used before.
Judge Dreusicke also said that 480 male and female judges and court staff members hold the judicial office. These are selected in accordance with special standards. Throughout German states, judges and court staff also sit for several examinations as well as a series of continuous educational courses.
Mrs. Martina Spiker expressed her heartily wishes that the Israeli occupation of the Palestinian territory come to an end and that Palestine become a sovereign state. Mrs. Spiker elaborated on the Public Prosecution function in the Federal State of Brandenburg. In light of her progressive experience, Mrs. Spiker is cognisant all inner workings of the judicial office. Over the past fourteen years, she has held several positions at the Ministry of Justice in Brandenburg. Also working at the Public Prosecution, Mrs. Spiker has been in charge of professional supervision over Public Prosecution offices.
In reference of jurisdiction, federal states and federal authorities are entitled to capacities of the Public Prosecution. In this context, federal states are responsible for recruiting judicial staff as well as running operations of the Public Prosecution and courts. On the other hand, federal authorities are in charge of the Federal Attorney General's jurisdiction and capacities. The latter is authorised of prosecuting crimes against the State's security and stability as well as crimes of espionage and terrorism.
Notwithstanding powers given to German federal states, Mrs. Spiker emphasised that distribution of courts and legally punishable acts are all regulated by the German Federal Law. Consequently, the same laws are applicable to all states of the Federal Republic of Germany as a whole.
Encircling Berlin and with a population of 2.6 million, the small federal state of Brandenburg operates four Public Prosecution offices. 250 prosecutors, assistants to prosecutors and a Public Prosecution Advisor are recruited. Just like lawyers and judges, these receive due legal training.
Mrs. Spiker also explained that the Public Prosecution examines cases and remits them to independent courts. Furthermore, the Public Prosecution is in line with the hierarchical structure approved and complies with the Attorney General's directives. Though criticised by the Council of Europe, the Ministry of Justice plays a role of professional and functional supervision over the Public Prosecution. In reality, the Attorney General is a political employee, whom the Minister of Justice can dismiss at any time. Finally, Mrs. Spiker announced that the status of the Attorney General will be changed in 2009, at which time he/she will exercise judicial tasks through his/her lifetime.