on two fields. The first field deals with tips for self-help for the members. The VGR clarifies its members and others about the rights of litigants to the court and the lawyer to. A tip to help themselves may consist, for example, in a book about a rights issue to make informed. The second field is public relations. We mainly interviews with politicians to inform them of maladministration in the legal profession and judiciary enlighten and inform about the measures needed to ensure these abuses to an end. It also includes interviews with judges and judges' associations. On the opening of lawyers, judges and lawyers will be there each day, a call with political demands fairly distributed. Participate in meetings on problems of law and the legal profession, where we are critical to have your say and improvement proposals. FreieWelt.Net: How did you personally come to be so intensely against abuse of rights and the rule of law to engage? Horst Trieflinger: I have a good twenty years of very bad experiences with two lawyers made what one has done me existentially. I have naturally sued both attorneys, but had noted that the judiciary has it covered. This was for me the occasion to establish the accounts to other specially affected persons thereon enlighten. There is no effective control of the judiciary FreieWelt.Net: What shortcomings in your opinion affect the functioning of the rule of law and independence of the judiciary the most? Horst Trieflinger: The former judge at the present OLG Cologne and Dr. Egon Schneider, in his monograph "law and order - The world of lawyers," Goldmann TB 1967, page 42, in a brief and accurate characterization of the rule of law as: "Even the state is subject to the law (that's why he is called "rule of law"). "It should be noted that the case law, more precisely, the judge, often not by law and justice, logic and Denkgesetze hold. The reason for this is that the control of the law serving legislation (Penal Code § 339 right inflection and § 26 paragraph 2 German Judiciary Act authority) of the Federal Court and applied to law, so that they can control their function is no longer able to exercise. Also for the case law holds: Unregulated power corrupts. Despite our efforts, the policy until now not prepared to the above legislation be amended so that their improper interpretation and application is no longer possible. Also, the legal profession has its complicity in the abuses in the judiciary. According to the Attorney General himself has decided Berufsordnung lawyers (BORA), § 1, para 2, sentence 2 "serves its activities implementing the law." So far so good as not known what the Attorney General has done or will do to set itself the objective. Numerous secondary endanger the independence of the judges A major threat to judicial independence are the many judicial Sideline as a trustee for banks and insurance companies, as head of operational integration points, as arbitrators in disputes between companies and as MPs in parliaments and local district council (in some cases even as a group chairman). Can a judge who is to provide insurance as Treunhänder is active and from this every year, a strong Zubrot receives complaints about insurance customers more at ease and unaprteiisch judge? The experience of life, this made. These secondary, to a great extent only in the regular working hours may be exercised, misuse judicial resources, so that the judicial activities, the taxpayer what they are paid fairly well, not enough time left. This can and will lead to wrong decisions. These ancillary judicial contradict the assertion of the judiciary that it was overloaded with work FreieWelt.Net: What in your view are the three most important reforms in the judiciary to uphold the rule of law on the path should be? Horst Trieflinger: See responses to the previous question. FreieWelt.Net: What is the resonance of your activity in the judiciary and politics? Are the proposals of the citizens included? Who are your contact person there? Procedures must be completed by the authority can be examined Horst Trieflinger: Unfortunately, the policy is not ready for the much needed legislative changes (see above), so that the outcome of the case law (judgments and orders) of the required statutory control. The judge wants to know nothing about these changes. Supposedly the evaluation of judgments and decisions of the judicial authority by the judicial independence (Article 97 para 1 Basic Law) at risk. But this is wrong. The authority shall be held guilty of judicial independence obviously not on pending or future cases influence. Past practices have the authority to access. The necessity and justification of authority derives from the obligation of the state, for the appropriate jurisdiction and to ensure they receive. The rule of law is far behind schedule. The current practice is that the complainant against a miscarriage of court presidents almost invariably the answer is unlawful, he should because of judicial independence, the ruling does not evaluate. Apparently, the court president, who gave such an answer, not aware that his answer is not only unlawful to § 26 paragraph 2 German law judges, but also contrary to Article 3 para 1 of the Basic Law, which provides that before the law all people are equal . Almost everyone in our country needs to criticism of his work can be dropped. Judge it fails to exclude therefore contrary to Article 3 para 1 GG. FreieWelt.Net: What are the positive and negative experiences you have in your conversations with the leaders made? Politics locks are effective against reforms Horst Trieflinger: On the positive side only to designate that the politicians of the parties in the councils and in parliament are represented, were prepared with the accounts of the case law on issues to discuss. Unfortunately, our proposals mentioned above, more or less rejected. The reason was always to hear that we are good and have funtionierene law. Was acknowledged that as in any profession are the black sheep. Granted also that it is wrong. We have repeatedly pointed out that this view is contrary to the legal reality is. There are serious legal understanding of statements that approximately 25 to 30% of all judgments are wrong. Most receptive to criticism of politicians have been the Greens and the Left, although they have not prepared our proposals through the statutory claims in the Bundestag or in one or the other state involved. FreieWelt.Net: What can citizens do to promote the rule of law and independence of the judiciary to engage, and the policy to take the necessary steps to take? Horst Trieflinger: Anyone affected by a wrong decision should be, despite the unlawful practice of the court president to service supervisory complaints such a levy. Furthermore, the court concerned the president ask the court for Sachbehandlung inaccurate no objections (Section 21 Court Act). This right shall lapse after four years. If this happens frequently, this could possibly lead to the administrative court to reconsider its position Dienstaufsichtsbe-plaints and requests for too much suppression of the costs, which almost invariably to be rejected, amended. Most important, of course, is that more citizens, but particularly affected ready find complaints about the proper jurisdiction of the federal government and politicians in countries always present and require the necessary legal amendments to the latter. Even before more than 130 years ago, Rudolf von Jhering in his famous essay "The Struggle for Justice", Vienna 1872, this is correct as follows: "Law and justice flourish in a country is not simply that the judge in constant readiness to sit on his chair, and that the police have bunnies ausschickt but each has its part to participate."

Tags: Burger-/Menschenrechte, interviews, quotes and articles on law and rule of law

Posted on: May 9, 2009

Filed under: Faqs