Berlin’s Judicial System Faces Controversy Over DEI Policy

In Berlin, current diversity, equity, and inclusion (DEI) policies mandate that 40% of candidates interviewed for judicial roles, such as judges and prosecutors, must have an immigrant background. This rule reflects a broader trend prompted by far-left initiatives from the Green Party, aiming to align city judicial candidates with the ethnic diversity of the population rather than evaluating them solely on merit.

In July 2021, the Berlin City Council, led by a coalition of the Social Democratic Party (SPD), the Green Party, and the Marxist-oriented Die Linke, passed the Act on Promoting Immigrant Participation in Society. This law asserts that, “a number of people with an immigrant background corresponding to the population of Berlin must be invited to the selection interview.”

With 40% of Berlin’s residents having a migrant background—defined as having at least one parent born abroad—the law effectively mandates that four out of ten candidates for judges and prosecutors must meet this criterion.

Recently, the law encountered criticism from Berlin’s judicial senator, Ferrol Badenberg of the centrist CDU party, who argued that it infringes upon the German constitution, specifically the Fundamental Law. He reiterated concerns previously communicated to former Green Party justice senator Dirk Behrendt, warning that the quotas for immigrant backgrounds are problematic.

According to Article 33, Paragraph 2 of the Basic Law, public office recruitment should be merit-based, not influenced by political affiliations or personal backgrounds. Badenberg, who hails from Iran, expressed support for integration but stated that the Basic Law is his guiding principle, insisting that public roles should be filled based on suitability and merit.

In response, CDU officials have instructed the Berlin Attorney General’s Office to disregard the Green Party’s policy, which allegedly led to the reopening of hiring processes for two female candidates with immigrant backgrounds for prosecutor positions last fall.

This move ignited backlash from Green Party members, including MP Sebastian Walter, who accused Badenberg of positioning himself “above the law” and undermining trust in fair civil service selection practices.