Anne PradelZwischen Politik und Justiz – Die ministerielle Weisungsgebundenheit der Staatsanwaltschaft

About this book deutschenglish

The problem of the dependence of the German public prosecutor's office on ministerial instructions has been the subject of a debate on the dependence of the German prosecution authority for almost two centuries and, due to current developments, has once again reached the agenda of legal policy. In this volume, the debate is dealt with in a structured manner, taking into account developments at the European level, the advancing establishment of international cooperation in criminal law and the introduction of the European Public Prosecutor's Office as an international prosecution authority, thus taking into account the considerable relevance of this topic.

The discussion about the obligation of German public prosecutors to follow instructions and the instruction activities of justice ministers has long since left the purely legal world, especially as a result of politically explosive proceedings and numerous allegations of abuse, and has gained both political and sociological significance.

This work first looks at the current legal situation with regard to the German public prosecutor's office, which is bound by instructions, and examines the ministerial right to issue instructions in connection with the fundamental constitutional principles of the rule of law as well as the principle of democracy. The numerous reform approaches advocated as well as current developments at the European level were incorporated into the presentation.

The core of the paper is a discussion of the existing reform proposals and the submission of the author's own proposed solution anchored at the constitutional level. This solution, which includes the establishment of a new type of collegial body, is intended to and will create new incentives to think. The discussion vividly illustrates the urgent need for action and presents the constitutional framework within which reforms of the public prosecutor's authority to issue instructions are possible.

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