Justice under political pressure

The state's crisis of authority leads to increased pressure on the judiciary.

The hierarchical structure makes it easier for an authoritarian government to implement the desired political line in the judiciary as well.

As long as it was only about crime, it was not noticed. The state minister could boast of tracking child pornography and providing fodder to the media and upholding the fiction of the independence of the judiciary. But now the government demands solidarity with the government's course and obedience.

The administrative courts have followed one after the other: demonstrations by lateral thinkers critical of the government are banned, others are allowed. At least they want to preserve the appearance of the rule of law and are pushing hygiene rules. But when it comes to unruly judges, the alarm is announced and the judge feels the harshness of the state, as in Weimar.

Even the Nazis did not have the entire judiciary under control immediately and needed time to do so. Now the criminal justice system is also being subjected to the political regime: The fact that doctors are also being dragged into court solely on the basis of rumors and defamation by political opponents shows that the criminal justice system has also fallen into the political suction and means a new quality in the political debate .

Political justice has only existed in the cum-ex proceedings, when tax officials who wanted to prosecute the financial fraudsters were sent to see psychiatrists. It was only when the SPD opposition had a chance to capitalize on it that Borjans exposed the fraud. Unfortunately, it turned out that Scholz, along with Schäuble, was the main culprit in the billions in donations to the financial industry.

After it became more and more apparent how thoroughly corrupt the party system that rules in Berlin was, a general crisis of legitimacy arose. No school principal can admit the corona fraud, he has to bow to the narrative, all heads of authorities must enforce the mask requirement and promote the vaccination campaign if the transfer is punished. All farm managers have to subordinate themselves or feel disadvantages. The millions paid to members of parliament for mask deals are only minor scandals. These are quickly ironed out by the media and disappear into oblivion.

Although they actually wanted to install an independent judiciary after the war, the public prosecutor's offices have not been able to evade political pressure to this day. The attorney general can allow or deny charges based on political opportunity. It is bound by instructions and subject to political leadership. In the Barschel affair, the attorney general was quickly exchanged and replaced by a willing one because the political leadership did not approve of him. Ultimately, Laschet's cabinet in North Rhine-Westphalia decides which political process is right at the moment.

This is how the Nazi past affects our time. History repeats itself after all.

---

Judiciary under political pressure

The state's crisis of authority leads to increased pressure on the judiciary.

The hierarchical structure makes it easier for an authoritarian government to impose its desired political line on the judiciary as well.

As long as it was only about crime, this was not noticed. The state minister could boast about prosecuting child pornography and providing fodder for the media, and maintain the fiction of the judiciary's independence. Now, however, the government demands solidarity with the government's course and docility.

The administrative courts have followed suit in rows: Demonstrations critical of the government by dissenters are banned, while others are allowed. At least they still want to preserve the appearance of the rule of law, and they are pushing hygiene rules. But when it comes to recalcitrant judges, the alarm is sounded and the judge gets to feel the harshness of the state, as in Weimar.

Even the Nazis did not immediately have the entire judiciary under control and needed time to do so. Now criminal justice is also subject to the political regime: The fact that even doctors are being hauled before the courts solely on the basis of rumors and the slander of political opponents shows that criminal justice has also fallen into the political maelstrom and signifies a new quality in political debate.

Until now, political justice only existed in the Cum Ex proceedings, when tax officials who wanted to prosecute the financial fraudsters were sent to the psychiatrist. Only when the SPD opposition had a chance to capitalize on this did Borjans expose the fraud. Unfortunately, it turned out that Scholz, along with Schäuble, was the main culprit in the billions of dollars in contributions to the financial industry.

Now that it is becoming more and more apparent how thoroughly corrupt the party system that rules in Berlin is, a general crisis of legitimacy has arisen. No head of school can admit to the Corona fraud, he must bow to the narrative, all heads of authorities must enforce the mask compulsion under penalty of transfer and promote the vaccination campaign. All agency heads must submit or feel disadvantaged. Yet the million-dollar payments to deputies for mask deals are only the minor scandals. These are quickly ironed out by the media and disappear into oblivion.

Although an independent judiciary was supposed to be installed after the war, the public prosecutor's offices still cannot escape political pressure. The attorney general can approve or reject indictments based on political expediency. He is bound by instructions and subject to the political leadership. In the Barschel affair, the attorney general was quickly replaced because he did not suit the political leadership and was replaced by a willing attorney general. Ultimately, Laschet's cabinet in NRW decides which political process is opportune at any given moment.

In this way, the Nazi past continues to have an effect into our own time. History repeats itself after all.