How are the judges appointed
Election and appointment
The judges at the Federal Administrative Court are appointed for life. There are currently 19 federal judges and 37 federal judges working here. The judges are elected by a judges' election committee. It includes the ministers of the federal states responsible for administrative jurisdiction and an equal number of members elected by the Bundestag.
The Federal Minister of Justice and Consumer Protection chairs the judges' election committee. You and every member of the election committee are entitled to propose candidates. The Presidential Council takes a written position on every proposal that affects the Federal Administrative Court. The judges' selection committee is not bound by this vote. It elects those candidates that it deems suitable with a simple majority.
If the Federal Minister approves the election result, the elected will be appointed by the Federal President.
Composition of the judiciary
According to their professional background, the judges mostly come from the administrative jurisdiction of the federal states. Judges also emerge from the federal and state administration. The meeting of judges from all federal states and different professional careers promotes the balance of decisions and thus contributes to their acceptance.
Legal status of judges
The legal status is determined by the German Judges Act. The judges are independent, i.e. not bound by instructions and only subject to the law.
Unlike the holders of a political office or civil servant, they cannot be recalled or transferred to another office. The term of office of the federal judge ends when the statutory retirement age is reached. In future, it will generally be 67 years.
The judges at the Federal Administrative Court exercise their judicial activity in senates. The senates each have a presiding judge and other judges. Each Senate is supported by one or more academic staff.
The Federal Administrative Court currently has ten revision panels and two military service panels. There is also a specialist senate. He decides if an authority refuses in individual cases to submit certain files to the court.
The revision panels have five or six judges, depending on the business case, and the military service panels each have three. Four judges are assigned to the specialist senate.
The Basic Law requires that upon receipt of each case it is clear which judges are appointed to decide. The provisions on this are made in the schedule of responsibilities.
As with the other highest federal courts, the Federal Administrative Court also has a Grand Senate. It decides if a Senate wishes to deviate from the decision of another Senate on a legal issue. In addition, each Senate can submit a question of fundamental importance to the Grand Senate if it deems this necessary to further develop the law or to ensure uniform jurisdiction.
The Grand Senate consists of the President of the Federal Administrative Court and one judge from each of the other appeal panels. His decision is binding on the judging Senate in the matter presented.
A distinction must be made between the Grand Senate and the Joint Senate of the five highest federal courts. This panel has its seat at the Federal Court of Justice in Karlsruhe. It decides if a Supreme Court wishes to deviate from the decision of another Supreme Court or the Joint Senate on a legal issue.
The procedure is initiated by a referral decision of the deciding senate. The Joint Senate consists of the presidents of the highest courts of justice as well as the chairmen and one additional judge from each of the senates involved in the dispute.
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