Berlin accused of prioritizing migrants over merit in hiring of judges and prosecutors as 40% of interviewees are foreigners

Berlin’s justice senator says the quota policy introduced under a previous Green-led administration may violate Germany’s constitution

By Thomas Brooke

A diversity hiring policy affecting the recruitment of judges and public prosecutors in Berlin has come under renewed scrutiny after the city’s justice senator warned that the system may conflict with Germany’s constitutional requirement that public offices be filled strictly on merit.

The policy, introduced in 2021 under then justice senator Dirk Behrendt of the Green Party, stems from amendments to the Law to Promote Participation in a Migration Society, known as the PartMigG. The legislation was adopted by Berlin’s House of Representatives with support from the then-governing coalition of the Social Democrats, Greens, and the Left.

Under the law, recruitment procedures must ensure that applicants with a migration background are invited to interviews in numbers reflecting their share of the population. In Berlin, around 40 percent of residents fall into that category, defined by the Federal Statistical Office as individuals who themselves, or at least one parent, were not born with German citizenship.

In practice, the rule means that some interviewees experience positive discrimination and their migration background is a criterion for their selection, regardless of whether other applicants may have stronger academic credentials.

According to Bild, the system has been implemented in recent years by Berlin’s chief public prosecutor, Margarete Koppers, also associated with the Greens.

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