Status: 10.11.2023, 17:47 PM
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Felor Badenberg (l-r, independent), Berlin's Senator for Justice and Consumer Protection, speaks at a press conference after the conference of justice ministers and senators of the federal states. Sitting next to her are Anna Gallina (Alliance 90/The Greens), Hamburg's Senator for Justice and Consumer Protection, and Georg Eisenreich (CSU), Minister of State for Justice in Bavaria. © Soeren Stache/dpa
The justice ministers see it as their task to "ensure the best possible legal management of Hamas' terror and its effects in Germany as well." Are legal changes necessary for this?
Berlin - The Conference of Justice Ministers wants to examine how Jews in Germany could possibly be better protected from anti-Semitic hostility. In a resolution, the justice ministers of the federal states state that criminal law must take sufficient account of the threats to public peace that could result from the denial of the State of Israel's right to exist.
"Should gaps in protection become apparent, especially in investigative and criminal proceedings, with regard to Israel's right to exist and the protection of Jewish life, as well as for the preservation of public peace in Germany," the heads of the federal states want to "work out proposals for remedying these gaps as quickly as possible together with the Federal Minister of Justice," the resolution continues. Berlin currently holds the presidency of the Conference of Justice Ministers.
The President of the Central Council of Jews in Germany, Josef Schuster, who was invited to the conference as a guest, welcomed the initiative in principle. Nevertheless, he was somewhat disappointed and said that he would have liked to see "clearer work instructions" for police officers who had to act during demonstrations where appropriate slogans were shouted. Such concrete instructions for action are not the task of the ministers of justice, but concern the ministers of the interior, according to the conference participants.
The Israeli ambassador, Ron Prosor, said freedom of expression is an important asset. But when Molotov cocktails are thrown at synagogues and Stars of David are smeared on houses inhabited by Jews, it is "a red line that has been crossed."
Anti-Semitic incidents after October 7
The initiative of the justice ministers was prompted by anti-Semitic incidents following the attack on Israel by the Islamist Hamas on 7 October. The images of people cheering Hamas terror in Germany were "hard to bear and shameful," said the chairwoman of the conference, Berlin's Justice Senator Felor Badenberg (independent). The unanimous resolution states that in addition to responsibility for the terrorist attack, Hamas also bears "responsibility for numerous dead civilians, including many children in Gaza."
The German Association of Judges (DRB) declared that the rule of law was already "resolutely opposing anti-Semitic agitation on the streets and in the digital space". With its planned reform of the citizenship law, which is intended to lower the hurdles for naturalization overall, the traffic light coalition wants to ensure that anti-Semites do not become Germans in the future. In principle, the naturalisation authorities in the Länder check whether the requirements for naturalisation are met. In doing so, they are guided by application instructions from the Federal Ministry of the Interior.
In Bavaria, the slogan "From the river to the sea", which is often used at pro-Palestinian demonstrations, will be prosecuted in the future. In response to an inquiry, the Munich Public Prosecutor's Office said that the new legal assessment was based on the Federal Ministry of the Interior's order banning the terrorist organization Hamas and the Samidoun association after Hamas' attack on Israel. The "Süddeutsche Zeitung" had first reported. As recently as August, the Berlin Administrative Court had ruled that the slogan alone is not punishable per se.
With its planned reform of the citizenship law, which is intended to lower the hurdles for naturalization overall, the traffic light coalition wants to ensure that anti-Semites do not become Germans in the future. In principle, the naturalisation authorities in the Länder check whether the requirements for naturalisation are met. In doing so, they are guided by application instructions from the Federal Ministry of the Interior.
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Even now, the authority that has to decide on an application for naturalization must ask the Federal Office of Justice whether there have been convictions. Convictions that have been expunged in accordance with the provisions of the law are not taken into account in the decision on naturalization. The length of the redemption period depends on the amount of the criminal conviction and is at least five years. What is new in the draft by the SPD, the Greens and the FDP is that in the case of convictions for certain crimes, the naturalization authority must also ask "whether anti-Semitic, racist or other inhuman motives" were found in the context of the verdict.
Bavaria plans Bundesrat initiative
Bavaria's Justice Minister Georg Eisenreich (CSU) said his state was planning a Bundesrat initiative with the aim of making so-called sympathy advertising for terrorist organizations a criminal offence in the future. In October, German Justice Minister Marco Buschmann (FDP) rejected a proposal by the CDU/CSU on the grounds that the burning of Israeli flags, fundraising for Hamas and the "approval of crimes" could already be punished. It is more important than closing alleged gaps in criminal liability that the police do not concentrate primarily on de-escalating protests during protests, but also take care of the preservation of evidence and the identification of suspects.
The criminalization of sympathy advertising for terrorist groups was abolished in 2002. At that time, the aim of the amendment was to formulate a clear regulation that would be limited to cases in which there is a need for criminal liability, even taking into account freedom of expression.
Other topics of the round were:
The prevention of enemies of the constitution as experts or experts in court:
The aim is to examine whether the exchange of information between the judiciary and the security authorities is sufficient for this purpose. Badenberg referred to incidents in which "Reich citizens" - i.e. people who do not recognize the Federal Republic of Germany - had been appointed to such tasks.
Protecting children from the publication of photos on social networks by their parents:
Especially when professional or semi-professional influencers put such pictures on the Internet to earn money, Hamburg's Senator of Justice, Anna Gallina (Greens), sees a need for action. However, a resolution submitted to this effect did not find a majority. However, it was agreed that the topic should be put back on the agenda at the next conference.
Stalking with Bluetooth trackers:
The justice ministers of the federal states are calling on the federal government to create a better legal handle against secret surveillance with Bluetooth trackers and tracking transmitters. They are of the opinion that criminal law has so far offered insufficient protection against the misuse of coin-sized devices. The mini devices can help locate lost suitcases or stolen cars. Secretly placed in a jacket, they can be used by stalkers to track down their victim.
Digitisation:
In a joint statement, Buschmann and the justice ministers of the federal states reaffirmed that the digital transformation process in the judiciary should include not only organisational and technical measures, but also a continuation of the modernisation of procedural codes. The federal government is providing up to 2026 million euros annually for digitisation projects until 50, i.e. a total of up to 200 million euros. For this and the coming years, around 115 million euros have already been earmarked for projects. This includes, for example, the creation of a machine translation platform for the judiciary.
Juvenile delinquency:
The Federal Minister of Justice has been asked to have a study on juvenile violence committed, said Eisenreich. The aim is to improve prevention. Dpa