Birgit Malsack-Winkemann: Berlin wants to retire former AfD MPs who work as judges

Wooden judge's gavel (archive photo)

Photo: Uli Deck / picture alliance / Uli Deck / dpa

The Berlin Senate wants the AfD politician Birgit Malsack-Winkemann, 57, who returned to the judiciary after leaving the Bundestag, to be retired out of concern for the general reputation of the judiciary.

The Berlin Senate Department for Justice announced on Thursday that the application had been submitted to the responsible judge service court after an intensive examination.

She did not mention Malsack-Winkemann's name.

The Senate administration justified the decision with statements by former AfD members of the Bundestag about refugees.

"In the past, the judge has repeatedly and publicly excluded people who are seeking protection in Germany and belittled them because of their origin over a long period of time." This gave the public the impression that the judge was not impartial.

A transfer to retirement is therefore imperative “in the interest of the administration of justice”.

The decision now lies with a special judge service court.

The Basic Law guarantees judges an independent position and therefore specifically protects them from premature removal from office and dismissals.

These are only possible against their will by a decision of such service courts based on certain legally fixed criteria.

Malsack-Winkemann left the Bundestag after the federal elections last year and then returned to the judiciary of the state of Berlin.

Judges are legally entitled to do this.

In Saxony there was a similar case involving the former member of the Bundestag Jens Maier.

In his case, the competent judge service court granted the application for transfer to retirement in March in an urgent procedure.

till/AFP