Questionnaire Germany
II.14 In which ways?
Prosecutors General are appointees of the
Government and their selection is often influenced by political considerations.
In the Federation and in a minority of German States, Prosecutors General serve
at the pleasure of the Minister of Justice and can be removed at any time (cf.
sect. 149 Court Organisation Act and sect. 36 V [Federal Civil Servants Act] Bundesbeamtengesetz). In a majority of
States, a Prosecutor General enjoys the protection normally given to civil
servants.
Prosecutors who oppose or fail to carry out their superiors’ wishes can be removed or promoted to less attractive posts, and vice versa. Except in cases of severe disciplinary infractions, prosecutors cannot be dismissed from office, however.
Prosecutors who oppose or fail to carry out their superiors’ wishes can be removed or promoted to less attractive posts, and vice versa. Except in cases of severe disciplinary infractions, prosecutors cannot be dismissed from office, however.
