Federal level
On the federal level the Richterwahlausschuss elects the federal judges (Bundesrichter) to the federal courts (Bundesgericht), like e.g. the federal tribunal (Procedure of electing judges
Candidates for the federal judges are chosen by the federal minister of justice (Bundesjustizminister) or the Richterwahlausschuss. Non-binding opinions of the candidates are issued by the governing body of the court, in which the candidate is supposed to work, vidState level
In five states the election and appointment of judges is taking place only within the state ministries of justice without the involvement of a Richterwahlausschuss. * According to Art. 51 Sec. 3 of the Constitution of Lower Saxony a Richterwahlausschuss may be installed. It has not been installed so far. * According to Art. 79 Sec. 3 of the Constitution of Saxony a Richterwahlausschuss may be installed. It has not been installed so far. * According to Art. 83 Sec. 4 of the Constitution of Saxony-Anhalt a Richterwahlausschuss may be installed. * North Rhine-Westphalia and Saarland do not have a Richterwahlausschuss. Eleven states do have a Richterwahlausschuss. Its capacity is different in every state:Baden-Württemberg
The election and appointment of judges is taking place only within the state ministry of justice without the involvement of a Richterwahlausschuss. However, if the governing body of the court in question rejects the chosen candidate, a Richterwahlausschuss is appointed to solve the conflict.Bavaria
The election and appointment of judges is taking place only within the state ministry of justice without the involvement of a Richterwahlausschuss. There is a Richter-Wahl-Kommission which only elects the judges to the Bavarian Constitutional Tribunal (Bayerischen Verfassungsgerichtshofes - BayVerfGH). Members of the Richter-Wahl-Kommission are the speaker of the Bavarian parliament and nine of its members.Berlin
Richterwahlausschuss has 14 members of which eight are chosen by the Berlin parliament.Brandenburg
Richterwahlausschuss has 12 members of which eight are chosen by the Brandenburg parliament.Bremen
Richterwahlausschuss has 11 members of which five are chosen by the Bremen parliament.Hamburg
Richterwahlausschuss has 14 members of which nine are members of the Hamburg parliament, vide Art. 63 of the Constitution of Hamburg.Hesse
Richterwahlausschuss has 13 members of which seven are members of the Hessian parliament, vide Art. 127 Sec. 3 of the Constitution of Hesse.Mecklenburg-West Pomerania
There is a Richterwahlausschuss, vide Art. 76 Sec. 3 of the Constitution of Hamburg.Rhineland-Palatinate
Richterwahlausschuss has 11 members of which eight are members of the Rhineland-Palatinate parliament, vide Art. 102 of the Constitution of Rhineland-Palatinate.Schleswig-Holstein
There is a Richterwahlausschuss with 2/3 of its members being members of the Schleswig-Holstein parliament, vide Art. 43 of the Constitution of Schleswig-Holstein.Thuringia
Richterwahlausschuss has 12 members of which eight are members of the Thuringian parliamentLegitimation chain theory
According to the understanding of democracy in the German legal doctrine (Demokratieprinzip), every government authority, also the judiciary, has to be traced back to the people by an uninterrupted chain of democratic legitimation (demokratische Legitimationskette). In accordance with this doctrine judges need to be appointed either directly by the people or by a representative of the people chosen in an election, e.g. by the parliament, the minister appointed by the parliament, a person appointed by the minister. The bigger the amount of chain links between the election by the people and the election of the judge, the weaker is the democratic legitimation.Sources
References
{{reflist Judiciary of Germany Appointments