Der Rechtspfleger aus der Perspektive des öffentlichen Rechts

Abstract

A judicial officer in Germany is a public servant but, at the same time, has a special functional status: as an independent and unbiased court official, a judicial officer fulfils tasks relating to the administration of justice, which were formerly carried out by judges. This role results in a certain fundamental conflict as, in different contexts, it raises the question of whether a judicial officer should be treated according to the principles of public service law or as a judge. This study focuses on the problems that arise from this lack of clarity. It analyses to what extent the function of judicial officers approaches that of judges, as legislators intend, and comprehensively examines the position and role of a judicial officer. In doing so, it focuses on ordinary law, constitutional law and art. 6 of the European Convention on Human Rights. It demonstrates that if one considers the different norms in isolation, the role of judicial officers does correspond to the general principles of public law.