Administrative Court of Koblenz: Local clerks rejected for constitutional loyalty!

Administrative Court of Koblenz: Local clerks rejected for constitutional loyalty!

The Koblenz Administrative Court has decided that a lawyer should not work as a legal clerk at the Higher Regional Court due to serious violations of the constitutional loyalty. The man in question was classified as non -constitutional, since he struck black people in a novel by inhuman names. This decision was made in one case that moves that the applicant also member of the right -wing extremist groups "Junge Alternative for Germany" and the association "One percent e. V." was where he took out functions. The court rejected its application for legal protection, which made the decision final (file number: 5 L 416/25.KO) Welt

In the background of this topic, there is an increasing concern about the constitutional -loving -like lawyer. Thomas Henrichs, President of the Koblenz Higher Regional Court, referred to reports from the Federal Constitutional Protection, which document an increase in people in right -wing extremist circles. In a recent annual conference in Weimar, President of several Higher Regional Courts dealt with this problem. Leading judicial representatives expressed the expectation that the number of cases in which doubts about the constitutional loyalty will continue to increase in legal trainees' href = "https://www.stuttgarter-nachrichten.de/inhalt.Oberlandeschächen- justz-thema-zweifel-an-metreue-beitreendaren.f312783-bfda-4481-a0539646c861.html"> Stuttgarter Nachrichten .

New requirements and democracy education

A central concern of the judicial representatives is the demand for stronger controls regarding the constitutional fidelity of applicants for the legal trainee. There are currently differences in the requirements for an explanation of the constitutional loyalty from state to state. President of the OLG Celle, Stefanie Otte, pleaded for stronger democracy education in the legal clerkship. She emphasized the need to also address the role of judges in National Socialism in order to raise a better awareness of the democratic values ​​that are based on the legal system.

This discussion is partially fueled by a decision by the Federal Administrative Court from October 2024, which determined clear minimum requirements for the constitutional loyalty of legal trainees. The context of this debate is not only locally, but also affects all federal states in which disputes about the constitutional loyalty of legal clerks. Experts from the judiciary agree that the inactive tendencies in right movements represent a challenge for the liberal democratic basic order, which requires society as a whole.

The current judgment of the Koblenz Administrative Court reflects a growing awareness of the need to ensure that lawyers before they enter into public service, make a clear commitment to the constitution and the associated democratic principles.