COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Germany Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Germany, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 805 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report        Country Chapter on the rule of law situation in Germany Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                           The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The German justice system continues to perform efficiently and benefits from a very high level 
of perceived judicial independence among the general public. The Pact for the Rule of Law 
was not prolonged and no further steps were taken on the federal level to continue to ensure 
adequate resources for the judiciary and in relation to the level of salary of judges. This remains 
a  challenge,  also  with  a  substantial  number  of  retirements  of  judges  in  the  next  few  years. 
Targeted amendments to regulations of judges’ status related to constitutional values are being 
discussed. There have been no steps taken so far to follow-up on the announcement to reform 
the right of Ministers of Justice to issue individual instructions to prosecutors. A new digital 
initiative provides federal funding for digitalisation projects. A revised proposal to introduce 
digital documentation of main proceedings in criminal cases through audio recordings has been 
submitted to Parliament, following mixed reactions to the first draft.  

The update of Germany’s strategic anti-corruption framework for the federal administration 
remains pending. A number of reforms set out in the Government’s coalition agreement are 
still outstanding, including the revision of political party financing rules. A lobby register is in 
place, while work to establish a legislative footprint is ongoing. Shortcomings remain in the 
regulation of asset disclosures for parliamentarians and Government officials and with regard 
to  fragmented  and  inconsistent  post-employment  rules  and  cooling-off  periods  but  some 
initiative  is  taken  to  prepare  new  preventative  guidelines.  New  whistleblower  protection 
legislation  has  been  adopted  in  May  2023.  A  revision  of  administrative  offences  was 
announced to strengthen the liability of and sanctions for companies for criminal offences to 
fight foreign bribery more effectively. A recent ruling highlighted the scope of the offence of 
trading  in  influence  by  members  of  Parliament.  Overall,  the  financial  damage  caused  by 
corruption  decreased,  while  the  number  of  investigations  into  corruption  rose  significantly 
compared  to  the  previous  year  reported.  High-level  corruption  is  addressed,  without  any 
identifiable systemic weaknesses.  

Media  pluralism  and  freedom  in  Germany  are  ensured  by  strong  legal  and  institutional 
safeguards, with a high degree of independence of the state media authorities and public service 
broadcasters. Amendments to the State Media Treaty concerning the remit of the public service 
broadcasters  have  been  agreed.  Following  a  scandal  concerning  one  of  the  regional  public 
service  broadcasters,  further  changes  to  the  State  Media  Treaty  to  improve  compliance  and 
control mechanisms are currently being prepared. The Federal Government maintains its plan 
to establish in law the right to information of the press as regards federal authorities and has 
started internal preparations. Authorities and journalist representatives continue to take steps 
to address concerns related to physical aggressions against journalists, notably when covering 
protests.  

Civil society space continues to be considered ‘open’ and a draft ‘democracy promotion’ law 
aims to provide long-term federal funding to civil society projects on democracy, pluralism 
and political education. Some improvements regarding stakeholder involvement can be noted, 
while  the  commitment  to  introduce  a  digital  law-making  proposal  remains  pending.  The 
National Institute of Human Rights is preparing a follow-up to the recommendations by the 
Global Alliance of National Human Rights Institutions ahead of its re-accreditation in October 
2023. The Government intends to come with a proposal for legislation to clarify the tax-exempt 
status of non-profit organisations, but no concrete steps have been taken.  

1 

 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Germany has made:  

  No  further  progress  on  continuing  efforts  to  provide  adequate  resources  for  the  justice 
system as part of the new Pact for the rule of law, including on the level of salaries for 
judges,  taking  into  account  European  standards  on  resources  and  remuneration  for  the 
justice system.  

  Some progress on proceeding with plans to introduce a ‘legislative footprint’ to allow for 
the  monitoring  and  tracing  of  all  interest  representatives  who  seek  to  influence  and 
contribute to specific legislative texts. 

  Some  progress  on  strengthening  the  existing  rules  on  revolving  doors  by  increasing 
consistency of the different applicable rules, the transparency of authorisations for future 
employment  of  high-ranking  public  officials,  and  the  length  of  cooling-off  periods  for 
federal ministers and federal parliamentary state secretaries 

  Some progress on taking forward the plan to create a legal basis for a right to information 
of the press as regards federal authorities, taking into account European standards on access 
to documents 

  No progress yet on taking forward the plan to adapt the tax-exempt status for non-profit 
organisations with a view to address the challenges which the currently applicable rules 
present for their operation in practice, taking into account European standards on funding 
for civil society organisations 

On this basis, and considering other developments that took place in the period of reference, it 
is recommended to Germany to: 

  Step up efforts to ensure adequate resources for the justice system, including on the level 
of  remuneration  for  judges,  taking  into  account  European  standards  on  resources  and 
remuneration for the justice system.  

  Continue efforts to introduce a ‘legislative footprint’ to allow for the monitoring and tracing 
of all interest representatives who seek to influence and contribute to specific legislative 
texts.  

  Strengthen the existing rules on revolving doors by increasing consistency of the different 
applicable rules, the transparency of authorisations for future employment of high-ranking 
public  officials,  and  the  length  of  cooling-off  periods  for  federal  ministers  and  federal 
parliamentary state secretaries.  

  Advance with the plan to create a legal basis for a right to information of the press as regards 
federal authorities, taking into account European standards on access to official documents.  
  Take forward the plan to adapt the tax-exempt status for non-profit organisations with a 
view  to  address  the  challenges  which  the  currently  applicable  rules  present  for  their 
operation in practice, taking into account European standards on funding for civil society 
organisations. 

2 

 
 
I. 

JUSTICE SYSTEM  

The court system in Germany is structured in a federal manner. Jurisdiction is exercised by 
federal  courts  and  by  the  courts  of  the  sixteen  federal  states  (‘Länder’).  The  main  share  of 
competence and workload regarding the administration of justice lies with the  Länder1. The 
court structure is divided between the ordinary jurisdiction (civil and criminal) and specialised 
courts  (administrative,  finance,  labour  and  social  courts).  Appointment  of  judges  and 
prosecutors, except for the Federal Courts and the Prosecutor General at the Federal Court of 
Justice,  falls  within  the  competence  of  the  Länder.  While  appointment  procedures  differ  in 
details  between  the  Länder,  all  share  common  core  elements,  in  particular  the  principle  of 
merit2 and the judicial review of the process and decisions relating to appointments. For the 
Federal Courts, a judges’ selection committee selects judges for appointment by the executive 
and Councils of judges of the relevant courts have to be consulted in this process3. There are 
currently 638 local courts, 115 regional  courts and 24 higher  regional courts, as well  as 51 
administrative courts and 15 higher administrative courts across the 16 Länder4. There are five 
Federal  Courts:  the  Federal  Court  of  Justice,  the  Federal  Administrative  Court,  the  Federal 
Finance Court, the Federal Labour Court and the Federal Social Court. Germany has a Federal 
Constitutional Court and as well as constitutional courts in each of the Länder. The prosecution 
services in Germany are part of the executive, at federal level with the Prosecutor General at 
the  Federal  Court  of  Justice.  At  the  level  of  the  Länder,  each  Land  has  its  own  public 
prosecution service. Germany participates in the European Public Prosecutor’s Office (EPPO). 
There are 27 regional Bars in Germany5, which are organised under the umbrella of the German 
Federal Bar.  

Independence  

The level of perceived judicial independence in Germany continues to be very high among 
the  general  public  and  is  now  high  among  companies.  Overall,  77%  of  the  general 
population and 71% of companies perceive the level of independence of courts and judges to 
be ‘fairly or very good’ in 20236. According to data in the 2023 EU Justice Scoreboard, the 
level  remains  consistently  high  for  both  the  general  public  and  companies  since  2016.  The 
perceived level of judicial independence among the general public has increased in comparison 

1   As explained in the 2020 Rule of Law Report, the independence of the German justice systems is ensured by 
multiple safeguards, which include judicial control over appointments, professional appraisals, promotions, 
disciplinary sanctions and dismissals, and by a number of elements of judicial self-administration. 2020 Rule 
of Law Report, Country Chapter on the rule of law situation in Germany, p. 3.  

2   The principle of merit is anchored in Article 33 para. 2 of the Basic Law; mainly on the basis of the grades in 

the two legal state exams.  

3   The judges’ selection committee is composed in equal parts of the responsible ministers of the federal states 
and members selected by the Federal Parliament. See Law on Election of Judges and German Law on Judges, 
Art.  54-55. Similar committees exist in certain  Länder, though not all of them. Moreover, the  process and 
decision of appointment or non-appointment is fully subject to judicial control before the administrative courts.  
4   There are also 18 financial courts, 108 labour courts, 18 higher labour courts, 68 social courts and 14 higher 

social courts. German Ministry of Justice (2020), Courts at federal level and of the Länder.  

5   There is also a special bar for the lawyers with rights of audience in civil matters at the Federal Court of Justice.  
6   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

3 

 
                                                           
with 2022 (76%), as well as with 2016 (69%). It has decreased among companies in comparison 
with 2022 (77%) as well as with 2016 (73%). 

There have been no steps taken so far regarding the announced reform on the power of 
Ministers of Justice to give instructions to prosecutors in individual cases. As noted in the 
2022  Rule  of  Law  Report7,  the  coalition  agreement  includes  an  intention  to  reform  the 
ministerial right to instruct prosecutors in individual cases in view of the requirements of the 
case law of the Court of Justice of the European Union8. However, no concrete steps have been 
taken at this stage and no timeline for the reform has been announced9. Views on the need for 
such a reform have been divided among the  Länder as well as stakeholders10. According to 
Council of Europe recommendations, where the Government has the power to give instructions 
to prosecute a specific case, such instructions must carry with them adequate guarantees that 
transparency and equity are respected in accordance with national law11.  

Targeted amendments to the regulations of the status of judges related to constitutional 
values are being discussed at both federal level and in the Länder. As noted in the 2022 
Rule  of  Law  Report12,  most  Länder  only  foresee  checks  by  the  national  security  agency  of 
candidates for judicial appointments upon explicit request of the appointing authority, but in 
two of them standard security checks before judicial appointments take place13. In Bremen, 
amendments to the Judges’ law were adopted in February 2023 that foresee that security checks 
can be requested by the recruiting authority based on concrete suspicions14. In Brandenburg, 
draft legislation to introduce regular security checks remains under discussion in Parliament15 
and in Niedersachsen, the Ministry of Justice is reviewing the possibility to introduce further 
measures to check the adherence of candidates to constitutional values16. Generally, the aim is 
to ensure that judges respect the principle of constitutional loyalty before their appointment17. 
Furthermore, a discussion on how to deal with cases where judges return to office after having 

7   2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, pp. 4-5.  
8   To be noted that the relevant case law of the European Court of Justice concerns the definition of the term 
‘judicial authority’ in the context of the application of the European Arrest Warrant. Judgments of the Court 
of Justice of the European Union of 27 May 2019, OG and PI, Joined Cases C-508/18 and C-82/19 PPU and 
of 24 November 2020 – C-510/19, ECLI:EU:C:2019:456. 

9   Written contribution from the Ministry of Justice in the context of the country visit to Germany.  
10   2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 5. 
11   Recommendation Rec(2000)19 of the Committee of Ministers of the Council of Europe, para. 13 (d-e). As 
noted in the 2020 Rule of Law Report, the fact that this right is rarely used in practice, combined with the legal 
safeguards in place, appears to mitigate the risk of misuse of the right of instruction. 2020 Rule of Law Report, 
Country Chapter on the rule of law situation in Germany, p. 3.  

12   2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, pp. 5-6.  
13   Bavaria and Mecklenburg-Vorpommern. See Figure 56, 2022 EU Justice Scoreboard. According to European 
standards,  when  security/integrity  checks  are  not  carried  out  by  self-governing  bodies  of  the  judiciary 
themselves  but  by  an  external  body,  utmost  consideration  must  be  given  to  respecting  the  principles  of 
separation of powers and checks and balances. Venice Commission opinion (CDL-AD(2021)046), para. 16. 
In other Länder measures such as providing a criminal record certificate, filling in a questionnaire or making 
a formal declaration of constitutional allegiance exist. Written contribution from the EU Affairs Committee of 
the Conference of Justice Ministers in the context of the country visit to Germany.  

14   Revision of the Judges’ Law of Bremen.  
15   Draft  law  to  improve  the  protection  of  professional  civil  service  in  Brandenburg  against  opponents  of  the 

Constitution.  

16   German Judges’ Magazine (2/23), No Chance for Extremists, pp. 52-55; Information received from the EU 
Affairs Committee of the Conference of the Justice Ministers in the context of the country visit to Germany.  
17   According to §9 of the German Law on Judges, judges have to the guarantee that they will always stand up 

for the free democratic basic order within the meaning of the Basic Law.  

4 

 
                                                           
exercised a political office where they expressed views in opposition to constitutional values 
has emerged over the past year18. In November 2022, the Conference of the Justice Ministers 
of the Länder proposed certain steps to increase the effectiveness of disciplinary measures in 
case  of  extremist  statements19.  While  stakeholders  do  not  object  to  such  measures,  they 
generally consider that existing disciplinary rules are sufficient to handle such cases20. On 8 
January 2023, the Ministry of Justice also presented draft legislation to explicitly provide that 
lay judges21 are required to respect constitutional values, making the non-respect a mandatory 
ground for exclusion22. This principle already emanates from the Constitution and the case law 
of the Constitutional Court23. Following a stakeholder consultation until 22 February 2023, the 
Ministry aims to present a proposal to Parliament in spring, with adoption intended for summer 
or fall 202324.  

Several Länder are undertaking reforms to create a specific legal basis for the evaluation 
of judges. In a judgment of 7 July 202125, the Federal Administrative Court decided that key 
elements of the professional evaluation of civil servants (including judges) must be regulated 
by law and cannot be set out solely in administrative rules due to their importance for selection 
decisions26.  To  implement  this  judgment,  Nordrhein-Westfalen  has  adopted  decrees  on  1 
January 2023 setting out the basis for the evaluation system of judges and prosecutors27. Other 
Länder  have  either  already  adapted  their  legislation28,  are  currently  preparing  legislative 
amendments29  or  consider  their  legislation  to  be  already  in  line30  with  the  case  law  of  the 
Federal Administrative Court31.  

Quality 

There has been no further progress to continue efforts to provide adequate resources for 
the  justice  system,  including  on  judicial  salaries.  The  2022  Rule  of  Law  Report 

18   German Judges’ Magazine (2/23), No Chance for Extremists, pp. 52-55. Amendments to federal disciplinary 
legislation for civil servants to speed-up decision-making have been proposed in December 2022, but do not 
cover judges. Draft law to accelerate Act to Accelerate Disciplinary Procedures in the Federal Administration.  
19   In particular concerning time  limits applicable for certain disciplinary  sanctions.  Conference  of the  Justice 

Ministers (2022), Decisive Action against Extremists in Civil Service. 

20   Contribution  from  the German Bar  Association  for the  2023 Rule of  Law  Report,  p. 11.  Statement by the 
German Association of Judges of 9 February 2022, ‘Make use of all legal means in case Maier’. Information 
received from the German Association of Judges and the German Bar Association in the context of the country 
visit to Germany.  

21   Lay judges include lay judges in criminal cases (Schöffen), commercial judges (Handelsrichter) in commercial 

chambers and other voluntary judges in specialised jurisdictions. §45a, German Judges Law.  

22   Draft for a sixth law to amend the German Judges Law.  
23   While most stakeholders consider that in this light, legislation does not appear strictly necessary, they broadly 
welcome  the objectives of the law.  See contributions from the Association of  Lay Judges and the German 
Association of Judges to the stakeholder consultation on the draft law. 

24   Information received from the Ministry of Justice in the context of the country visit to Germany.  
25   Judgment of the German Federal Administrative Court of 7 July 2021, 2 C 2/21.  
26   This  includes  the  evaluation  system  (periodic  or  only  occasion-based)  and  the  requirement  for  final 
conclusions  to  be  based  on  all  individual  elements.  However,  the  legislator  can  empower  the  executive  to 
regulate further matters (e.g. rhythm of evaluations or content of individual elements to evaluate), by decree.  

27   Input from Germany for the 2023 Rule of Law Report, p. 4.  
28   Baden-Württemberg, Berlin, Brandenburg, Sachsen-Anhalt.  
29   Hessen, Mecklenburg-Vorpommern, Niedersachsen, Sachsen.  
30   Bayern, Hamburg.  
31   Written contribution from the EU Affairs Committee of the Conference of Justice Ministers in the context of 

the country visit.  

5 

 
                                                           
recommended to Germany to “continue efforts to provide adequate resources for the justice 
system as part of the new pact of the rule of law, including on the level of salaries for judges, 
taking  into  account  European  standards  on  resources  and  remuneration  for  the  justice 
system”32. While the coalition agreement included a commitment to continue the 2019 ‘Pact 
for the rule of law’33, which had provided federal  funding in return for the  Länder creating 
2 000 posts for judges and prosecutors34, no follow-up has been given to this. The Ministry of 
Justice will only provide federal funding for digitalisation projects35. The Conference of the 
Justice Ministers of the Länder, on 10 November 202236, has strongly called on the Federal 
Government to continue the Pact, requesting to maintain at least the equivalent of the previous 
funding (EUR 220 million), to be paid out between 2023-27. The Länder and stakeholders37 
continue to identify significant needs for additional human resources, also due to additional 
tasks stemming from federal legislation38. In the meantime, in their budgets for 2023-2024, a 
number of Länder have included new posts for judges and prosecutors39. According to a survey 
conducted  among  judges  and  prosecutors  in  2022,  88%  consider  it  very  important  that  the 
Federal Government continues the Pact for the Rule of Law, while 78% of judges and 92% of 
prosecutors consider the human resources available to be insufficient40. In addition, the level 
of salaries in the judiciary as compared to the gross average salary remains notably low41 and 
varies  significantly  between  the  Länder42.  This,  together  with  the  expected  retirements  of 
around 10 000 judges by 2030, constitutes a challenge for recruitments in the judiciary43. The 
Constitutional  Court  has  repeatedly  delivered  rulings  related  to  the  adequacy  of  judicial 
salaries44, with at least one further case pending45. The Länder46 report that salaries have been 

32   2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2.  
33   Coalition Agreement 2021-2025, p. 105. 
34   By 31 December 2021, the Länder created and filled over 2 700 posts and also created 3 800 posts for non-
judicial  staff.  Input  from  Germany  for  the  2023  Rule  of  Law  Report,  p.  4.  Joint  Report  by  the  Federal 
Government and the Länder on the implementation of the measures for the Pact for the rule of law. 

35   The  Federal  Government  in  this  context  cites  the  constitutional  framework  the  division  of  competences 
between Federal and Länder level regarding the administration of justice for not being able to provide financial 
support to the Länder Information received from the Ministry of Justice in the context of the country visit to 
Germany. However, this position is not shared by the Länder and the previous Pact for the Rule of Law was 
agreed under the same constitutional framework.  

36   Decision of the Conference of Justice Ministers, 10 November 2022, Strengthening of the rule of law as joint 

tasks – consolidation of the pact for the rule of law and new digital pact for the judiciary.  

37   Contributions from the German Association of Judges, the German Federal Bar, the German Bar Association 

and Civil Liberties Union for Europe (Germany) for the 2023 Rule of Law Report.  

38   Including around 1 000 new posts for judges and prosecutors for criminal cases. Statement by the German 
Association  of  Judges,  14  January  2023,  German  Association  of  Judges  recalls  responsibility  of  the 
Government coalition. 

39   Written contribution from the EU Affairs Committee of the Conference of Justice Ministers in the context of 

the country visit to Germany.  

40   Roland Rechtsreport 2023, p. 38 and 40. The survey was conducted among 803 judges and prosecutors.  
41   Figure 34, 2023 EU Justice Scoreboard.  
42   Entry-level salaries can differ by up to 13% between the Länder. Latest data as of 31 December 2022 provided 

by the German Association of Judges, Sample cases judicial salaries Germany.  

43   Statement  by  the  German  Association  of  Judges,  14  January  2023,  German  Association  of  Judges  recalls 
responsibility of the Government coalition. See also 2022 Rule of Law Report, Country Chapter on the rule of 
law situation in Germany, pp. 6-7. 

44   Written contribution from the Constitutional Court in the context of the country visit to Germany.  
45   Case 2 BvL 2/16, 2 BvL 3/16, 2 BvL 4/16, 2 BvL 5/16, 2 BvL 6/16 (a referral by the Administrative Court of 
Bremen regarding the constitutionality of provisions related to the level of the salary of judges in the legislation 
of the Land of Bremen). Input from Germany for the 2023 Rule of Law Report, p. 2.  

46   Competence for judicial salaries (except for judges at the Federal courts) lies with the Länder.  

6 

 
                                                           
raised by 2.8% on average in nine Länder in either 2021 or 2022 to be in line with the results 
of the general collective bargaining for the civil service47. In addition, in some Länder child-
related  parts  of  the  family  bonus  have  been  raised  in  response  to  the  case  law  of  the 
Constitutional  Court48.  According  to  European  standards,  judges’  remuneration  should  be 
commensurate with their profession and responsibilities and be sufficient to shield them from 
inducements aimed at influencing their decisions49. As no concrete steps have been taken to 
continue  to  ensure  adequate  resources,  no  further  progress  has  been  made  on  the 
implementation of the recommendation in the 2022 Rule of Law Report. 

A  new  digital  initiative  provides  federal  funding  for  digitalisation  projects,  and  a 
governmental  draft  for  amendments  on  the  use  of  videoconferencing  in  civil  and 
specialised courts has been submitted to Parliament. The level of digitalisation of justice in 
Germany  is  overall  very  good,  notably  with  regard  to  arrangements  for  machine-readable 
judicial decisions50 or digital solutions to initiate and follow proceedings in civil/commercial 
and  administrative  cases51.  However,  gaps  remain  regarding  the  publication  of  judgments 
online52. In the framework of a new digital initiative, the Federal Government will provide up 
to EUR 200 million for the period 2023-2026 to finance joint projects of the Länder and the 
Federal  Ministry of Justice on digitalisation of justice53. However, the  Länder unanimously 
consider this amount as insufficient to tackle the challenges of digitalisation of justice54. In the 
meantime, the progressive rollout55 of the electronic file for courts and public prosecutors, due 
by 1 January 2026, continues56. In addition, the Federal Ministry of Justice is pursuing projects 
for electronic submission of applications to courts57 and an online procedure providing easier 

47   Written contribution from the EU Affairs Committee of the Justice Ministers Conference in the context of the 

country visit to Germany.  

48   Input from Germany for the 2023 Rule of Law Report, p. 2. The Association of Judges has noted that bonuses 
related  to  family  status  or  place  of  residence/work  of  a  judge  should  not  replace  measures  related  to  the 
adequacy of base salaries. German Association of Judges, 10 Principles for a new approach to judicial salaries. 
The Association of Judges has also criticised the recent legislative proposal to adjust salaries of Federal judges, 
considering  that  it  does  not  fulfilling  the  requirements  of  the  Constitutional  Court’s  case  law.  German 
Association of Judges, response to the consultation on the draft for a federal salary and pension adequacy law. 
49   CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of  Europe  to  member  states  on  judges: 

independence, efficiency and responsibilities, para. 54. See also CM/Rec(2010)12, para. 33. 

50   Figure 48, 2023 EU Justice Scoreboard. 
51   Figure 45, 2023 EU Justice Scoreboard. 
52   Figure 47, 2023 EU Justice Scoreboard.  
53   Input from Germany for the 2023 Rule of Law Report, p. 2 and 6. 
54   The Länder have called for further structural funding for judicial digitalisation. In addition to project funding, 
they consider that the Federal Government ought to provide an annual structural funding of EUR 350 million 
until  2025.  Conference  of  the  Justice  Ministers  (2022)  Strengthening  the  Rule  of  Law  as  a  Joint  Task  - 
Continuation of the Pact for the Rule of Law and New Digital Pact for the Judiciary.  

55   The electronic submission of applications to the courts (save for the Federal Constitutional Court) is already 
mandatory for lawyers, public authorities and legal persons falling under public law. While the German Bar 
Association notes that this  has been generally  successful,  not all courts  yet have an internal electronic  file 
system, which can give rise to additional processing steps or issues in transmitting certain documents to the 
courts. Contribution from the German Bar Association for the 2023 Rule of Law Report, p. 14.  

56   The  Länder  are  developing  and  coordinating  three  projects  of  the  electronic  file  (eAS,  eIP  and  e2A).  The 
transition of all courts to the e-file is implemented gradually via pilot projects. The Länder have first piloted 
the electronic file in civil and family cases and are now moving in there towards regular operation. In some 
Länder, the roll-out in the specialised (labour, social, administrative and financial) courts is ongoing or has 
been already completed. All Länder expect to have fully implemented the electronic file by 1 January 2026.  
57   It is envisaged to offer a first version with a single type of application to be submitted to the courts and to find 
administrative courts for the pilot stage still in 2023. In its final stage, a range of different applications should 

7 

 
                                                           
and less costly access to courts, based entirely on electronic communication58. In November 
2022, the Federal Government presented a draft proposal59 on videoconferencing in civil and 
specialised  courts.  The  draft  has  been  in  general  welcomed  by  stakeholders,  even  if  views 
diverge  as  to  the  circumstances  in  which  the  means  of  videoconference  should  be  used  in 
court60. On 26 May 2023, the Federal Government submitted a revised proposal to the Federal 
Council61. The amended draft foresees a general obligation to hold hearings in these courts by 
means of videoconference if ordered by the judge or the possibility to do so if requested by all 
party representatives. Pursuant to the draft the court shall not only be able to permit a video 
hearing, but also to order it with the possibility of the addressee to object to such order. In case 
all counsels in a proceeding apply for a video hearing, the court shall in general order such 
video hearing and may only reject it in exceptional cases.  

Following  mixed  stakeholder  reactions,  a  revised  draft  proposal  for  a  law  aiming  to 
introduce  digital  documentation  of  main  proceedings  in  criminal  cases  has  been 
submitted by the Government to the Federal Council. On 22 November 2022, the Ministry 
of  Justice  presented  for  consultation  a  draft  legislative  proposal  to  introduce  digital 
documentation  of  main  proceedings  in  criminal  cases,  initially  through  audio  and  video 
recording,  with  the  audio  recording  to  be  transformed  into  a  written  protocol  through  a 
transcription software62. Currently, for such proceedings at regional and higher regional courts, 
only  a  formal  protocol  is  prepared,  with  the  procedural  steps  but  not  the  content  or 
interventions,  meaning  that  judges,  prosecutors  and  lawyers  take  their  own  notes63.  The 
transcript would only be a support tool, not replacing the status of the formal protocol, and 
would not create new grounds for appeal. The Bar and associations of lawyers have welcomed 
it64,  as  it  responds  to  long-standing  demands,  and  they  consider  it  will  ensure  accurate  and 
objective documentation of proceedings and reduce the potential of conflicting interpretations. 
However, Judges’ and Prosecutors’ Associations criticised the proposal, particularly the use of 
video  recordings,  voicing  concerns  over  the  impact  on  victims’  willingness  to  provide 
testimony,  insufficient  protection  of  personal  rights  and  risks  of  leaks65.  On  the  side  of  the 
Länder,  concerns  have  also  been  raised,  including  technical  challenges  and  costs  of  the 

be possible to be submitted via a dedicated portal. Information received from the Ministry of Justice in the 
context of the country visit. The possibility to allow greater access to justice by adjusting procedural rules to 
submit applications digitally  has been endorsed by the  Länder.  Conference of the Justice Ministers (2022) 
Reducing access barriers by enabling electronic submission of applications.  

58   This project is presently still at inception phase. Input from Germany for the 2023 Rule of Law Report, p. 7 

and information received from the Ministry of Justice during the country visit.  

59   Draft proposal to promote the use of video conferencing technology in civil and specialized jurisdictions.  
60   The German Judges' Association generally supports the draft law but rejects the possibility of being obliged 
to hold court proceedings by videoconference.  Position paper by the German Association of Judges on the 
draft law on videoconferencing. The German Federal Bar considers that hearings of witnesses, experts and/or 
parties ought to take place in presence, unless the parties agree to hearing by videoconference; it also objects 
to  the  possibility  of  videoconferences  ex  officio.  German  Federal  Bar,  Position  paper  on  the  draft  law  on 
videoconferencing.  

61   Ministry of Justice (2023), Law to promote videoconferencing in civil and specialised courts.  
62   Draft law for the digital documentation of the main criminal hearings.  
63   See  the explanatory  memorandum of the draft law; information provided by the Ministry of  Justice in the 

context of the Country visit to Germany. 

64   See i.a. contributions to the public consultation on the draft law by the German Federal Bar, the German Bar 

Association and the Association of Criminal Lawyers.  

65   See i.a. contribution to the public consultation on the draft law by the German Association of Judges.  

8 

 
                                                           
reform66. Before preparing the draft proposal, the Ministry of Justice had set up an expert group, 
which  had  concluded  with  a  preference  for  audio  recording  with  automatic  transcript  over 
video67. Following the mixed reactions to the draft, on 10 May 2023 the Government presented 
an amended proposal which now limits the digital documentation to an audio recording. The 
possibility to also require a video recording is left open to the Länder68. The proposal has been 
submitted to the Federal Council; if adopted, the documentation would be introduced in a pilot 
phase as of 2026 and only fully enter into force in 203069.  

Efficiency 

The justice system overall continues to perform efficiently. The efficiency in administrative 
cases at first instance appears to have stabilised, with the disposition time slightly decreasing 
in 2021 (from 426 days in 2020 to 422 days in 2021) and the high clearance rate remaining 
stable  (at  110%  in  2020  and  109.9  %  in  2021)70.  However,  the  overall  number  of  pending 
administrative cases in 2021 remains unchanged compared to 2020 and is relatively high at 0.9 
per 100 inhabitants71. The performance indicators on civil and commercial litigious cases have 
improved from 98.1% in 2020 to 105.1% in 202172. After the steady increase of the length of 
proceedings in such cases from 2012 to 2020, the disposition time has slightly decreased in 
2021 and is  at  231 days73, while the number of incoming  cases has continued a decreasing 
trend74.  To  address  the  challenges  posed  by  the  phenomenon  of  ‘mass’  civil  court  cases,  a 
working  group  examined  a  possibility  of  a  preliminary  ruling  procedure  that  would  allow 
dealing with these cases more efficiently75 and in June the Ministry of Justice presented a draft 
for such a procedure with the Federal Court of Justice76. As noted in the 2022 Rule of Law 
Report, the ‘mass’ civil court cases present serious challenges for judges to ensure handling of 
cases within adequate timeframes77.  

66   Information received in the context of the country visit to Germany from the EU Affairs Committee of the 

Justice Ministers Conference.  

67   Ministry of Justice, Report of the expert group on documentation in main proceedings of criminal cases.  
68   This can also be limited to certain types of courts or proceedings. Draft Law of the Federal Government for a 

law for the digital documentation of the main criminal hearings.    

69   Explanatory memorandum of the draft law for the digital documentation of the main criminal hearings.  
70   Figures 8 and 12, 2023 EU Justice Scoreboard. As noted in the 2022 Rule of Law Report, in 2021, there was 
a significant increase of cases in relation to COVID-19 restrictions in administrative courts. 2022 Rule of Law 
Report, Country Chapter on the rule of law situation in Germany, p. 8. Data for 2022 indicates that these cases 
significantly  decreased  compared  to  2021.  See  for  example  Higher  Administrative  Court  of  North-Rhine 
Westphalia (2022), Annual Report, p. 16. 

71   Figure 15, 2023 EU Justice Scoreboard. 
72   Figure 11, 2023 EU Justice Scoreboard. 
73   Figure 6, 2023 EU Justice Scoreboard. 
74   Figure 3, 2023 EU Justice Scoreboard. According to a study by the Ministry of Justice, among the main reasons 
for the observed decline are an increased interest in preventive and consensual conflict resolution for business 
activities  and  private  contacts,  perception  of  legal  procedures  as  being  stressful,  uneconomical  and  time-
consuming leading to a greater use of legal tech providers, or attorneys more frequently advising against going 
to court and narrower legal assistance coverage by insurance companies. Ministry of Justice (2023) Decline 
in civil court filings: Research report handed over to the Federal Ministry of Justice. 

75   Written contribution received in the context of the country visit to Germany from the EU Affairs Committee 

of the Justice Ministers Conference.  

76   Ministry of Justice (2023) Law on the introduction of a preliminary ruling procedure at the Federal Court of 

Justice.  

77   2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 9. 

9 

 
                                                           
II. 

ANTI-CORRUPTION FRAMEWORK  

Germany  has  several  authorities  responsible  for  the  prevention  of  corruption  at  the  federal 
level, including the Federal Ministry of the Interior and Community and the Supreme Audit 
Institution.  Competences  for  the  policy  coordination  and  corruption  prevention  in  the  16 
Ministries of the Interior at the Länder level depend on the anti-corruption frameworks in place. 
The  Federal  Court  of  Auditors78  and  the  Courts  of  Auditors  at  the  Länder  level  have  a 
preventive role in monitoring the public spending, including controls of corruption. As to the 
repression  of  corruption,  Germany  has  a  decentralised  approach.  The  sixteen  Länder  are  in 
charge  of  the  investigation  and  prosecution  of  corruption  offences  across  Germany.  Some 
Länder  have  specialised  police  and  prosecution  offices  on  corruption  in  place.  The  Federal 
Criminal Police Office plays a role in the information-exchange between the international level 
and the local level as well as among police offices at the Länder level.  

The perception among experts and business executives is that the level of corruption in 
the public sector remains low.  In the 2022 Corruption Perceptions Index by Transparency 
International, Germany scores 79/100 and ranks 5th in the European Union and 9th globally79. 
This  perception  has  been  relatively  stable  over  the  past  five  years.80  The  2023  Special 
Eurobarometer on Corruption shows that 57% of respondents consider corruption widespread 
in  their  country  (EU  average  70%)  and  7%  of  respondents  feel  personally  affected  by 
corruption in their daily lives (EU average 24%)81. As regards businesses, 47% of companies 
consider that corruption is widespread (EU average 65%) and 14% consider that corruption is 
a problem when doing business (EU average 35%)82. Furthermore, 30% of respondents find 
that  there  are  enough  successful  prosecutions  to  deter  people  from  corrupt  practices  (EU 
average 32%)83, while 33% of companies believe that people and businesses caught for bribing 
a senior official are appropriately punished (EU average 30%)84.  

The update of Germany’s strategic anti-corruption framework at the federal level and 
revision of its rules on gifts remain pending85. The revision of the 2003 ‘Federal Government 
Directive Concerning the Prevention of Corruption in the Federal Administration’, which sets 

78   There is also a role for the Federal Court of Auditors to assess the implementation of the Federal Government 
Corruption  Prevention  Directive.  It  can  provide  recommendations  for  corruption  risks  and  for  corruption 
prevention. 

79   Transparency International (2023), Corruption Perceptions Index 2022. The level of perceived corruption is 
categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public  sector 
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), 
high (scores below 50).  

80   In 2018, the score was 80, while, in 2022, the score is 79. The score significantly increases/decreases when it 
changes  more than  five points; improves/deteriorates (changes between 4-5 points) and is relatively stable 
(changes from 1-3 points) in the last five years. 

81   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

82   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

83  Special Eurobarometer 534 on Corruption (2023).  
84   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
85   2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 10 (for 2022) 

and p. 7 (for 2021). 

10 

 
                                                           
out key elements of the federal administration’s corruption prevention strategy86, led by the 
Ministry of Interior, was originally expected to be finalised by the end of 202287, but has seen 
delays. While there is no concrete timeline, a possible conclusion has been set by the end of 
202388.  Germany  has  been  encouraged  during  the  UN  Convention  against  Corruption 
(UNCAC) review to  seek, where appropriate, input  from  stakeholders outside of the public 
sector89, which has not been sought  yet.  The still ongoing revision of the 2004 rules on the 
prohibition  to  accept  favours  and  gifts,  with  an  aim  to  assess  whether  more  up-to-date, 
harmonised rules and increased legal certainty would be required, is also taking longer than 
initially planned and is expected to be finalised in the second half of 202390. The publication 
of the next comprehensive compilation report on integrity in the federal public administration 
of 2022 is planned for the end of 2023, including, among others, specific data on corruption 
cases and suspicion of corruption in the federal public administration91. 

There are plans to further strengthen the legal framework for corruption, as envisaged 
in the Government’s coalition agreement, which for now are at an initial stage. Corruption 
is already broadly criminalised in Germany92. As noted in the 2022 Rule of Law Report, the 
Government’s coalition  agreement  included, in  addition,  reform  plans to  make the criminal 

86   It applies to all categories of federal employees, authorities and offices, the supreme federal authorities, the 
military and state-owned enterprises. UNCAC Review Report of Germany for the Review Cycle 2016-2021 
(2020),  pp.  29,  31-32.  The  strategy  is  limited  to  the  federal  level  and  to  the  prevention  of  corruption. 
Stakeholders  consider  the  system  for  the  monitoring  of  the  directive  to  be  well-functioning,  information 
received from LobbyControl in the context of the country visit to Germany. According to information received 
from the Ministry of Interior in the context of the country visit, the update is not envisaged to be a complete 
overhaul but rather of editorial nature to modernise the directive. GRECO considers the directive to be a solid 
framework, see GRECO, Fifth Evaluation Round, Evaluation Report Germany (2019), p. 4. 

87   Information received from the Ministry of Interior in the context of the country visit to Germany in 2022. An 
inter-ministerial working group, which includes contact persons for corruption prevention and experts from 
the internal audit units prepares the revision,  submitting it  to all federal  ministries  for approval and to the 
Federal Cabinet for adoption. Notably, the OECD and GRECO have commended Germany’s system of contact 
persons for the prevention of corruption and have recommended this practice to other OECD member states. 
See Ministry of Interior (2021), Integrity in the public administration – Annual Report 2020, p. 58, 3. GRECO, 
Fifth Evaluation Round, Evaluation Report Germany (2019), p. 4. 

88   There is no concrete timeline in place, however the finalisation of the update is expected by the end of 2023, 

according to information received from the Ministry of Interior in the context of the country visit.  

89   United  Nations  Convention  against  Corruption  Country  Review  Report  of  Germany  for  the  Review  Cycle 
2016-2021 (2020), p. 30. Germany was originally criticised by the UN not to have assessed the impact of its 
corruption prevention strategy, especially in fields of work prone to corruption and recommends revisions of 
the directive, see UNCAC, Executive Summary, p. 3. 

90   Information received from the Ministry of Interior in the context of the country visit to Germany, noting that 
thematically the rules are envisaged to be significantly more comprehensive, including concrete examples that 
aim at informing public officials. See also 2022 and 2021 Rule of Law Report, Country Chapter on the rule of 
law situation in Germany, p. 10 (for 2022) and p. 7 (for 2021). 

91   The  first  comprehensive  2020  compilation  report  on  integrity  in  the  federal  public  administration  was 
published  in  spring  2022,  see  Ministry  of  Interior  (2021),  Integrity  in  the  public  administration  –  Annual 
Report  2020.The  report  consists  of  three  elements  that  were  last  year  for  the  first  time  combined  in  one 
comprehensive  report,  including  the  yearly  Anti-Corruption  Report,  the  report  on  the  federal  public 
administration and the report of the use of external staff in the public administration.  

92   Corruption is comprehensively criminalised in Germany, including active and passive bribery (see sections 
331-337  of  the  Criminal  Code).  Private  sector  bribery  is  further  criminalised  in  sections  299-300  of  the 
Criminal  Code,  while bribery of  members of Parliament is specifically criminalised in  section 108e of the 
Criminal Code. Germany has specific provisions for bribery of foreign officials in place (section 335a Criminal 
Code; Article 1 (2) (4) Act on Combating International Bribery).  

11 

 
                                                           
offence for bribery involving members of Parliament (MPs) more effective93. At the moment, 
unethical commercial conduct94 by exerting their influence outside of their official activities in 
Parliament – such as acting as brokers for Government COVID-19 mask deals while receiving 
personal financial benefits in the form of high commission payments – remains outside of the 
scope of the criminal code, as recently confirmed by the Federal Court of Justice95. Combined 
with  insufficient  regulation  of  parliamentarians’  secondary  activities,  this  leaves  room  for 
concern96. While Germany has recently taken an overall approach of minimisation of criminal 
provisions where they appear outdated or disproportionate97, legislative amendments to address 
this gap regarding members of Parliament are expected for the end of 202398. The Minister of 
Justice plans to provide for precisions in the Code of Administrative Offences, including an 
adaptation of the level of sanctions for corporate companies99, and does not plan to propose 
another  comprehensive  legislative  reform100.  Increased  corporate  liability101  for  criminal 
offences  could  further  facilitate  Germany’s  enforcement  levels  in  criminal  prosecutions  of 
foreign bribery102.  

93   Section  108(e)  of  the  Criminal  Code.  Apart  from  imprisonment  of  up  to  ten  years  for  bribery  involving  a 
member of the Parliament, a  court  may  also deprive a  person of their ability to acquire  rights from public 
elections and the right to be elected or vote in public matters. 

94   Other  than  for  public  officials,  commercial  conduct  of  members  of  the  Parliament  is  not  prohibited  in 

Germany. 

95   Bundesgerichtshof, Beschluss vom 5 Juli 2022, StB 7-9/22. The Court ruled that members of Parliament may 
exert their influence and receive personal financial benefits, if they act in their personal capacity, i.e. not in 
their capacity as a member of Parliament. Their mandate is defined as work in parliament, in plenary sessions, 
in committees, in parliamentary groups, or in commissions composed by members of parliament. Acts in their 
personal capacity, such as the mask deal brokering, do therefore not qualify as bribery, leaving considerable 
room for conflicts of interest. Notably, there is no stand-alone provision on trading of influence under German 
law,  see  UNODC,  Country  Review  Report  of  the  Federal  Republic  of  Germany  (2017),  p.  55.  GRECO 
requested Germany to reconsider its reservations made in respect of Article 12 of the Criminal Law Convention 
and to consider a stand-alone trading in influence offence, see GRECO, Third Evaluation, Second Addendum 
to the Second Compliance Report on Germany (2019), recommendation ix, para. 17.  

96   In this sense also the Federal Court of Justice, calling for the legislator to regulate the gap. Bundesgerichtshof, 
decision of 5 July 2022, StB 7-9/22. For more details on systemic weaknesses regarding parliamentarians’ side 
jobs, see further below in this text, pp. 19-20. 

97   Pursuant to announcements made by the Minister of Justice, see Frankfurter Allgemeine, Buschmann intends 

to clean out the criminal law (31 December 2022). 

98   According to information received from the Ministry of Justice in the context of the country visit to Germany, 
three options are discussed between the Ministry of Justice and the Parliament, including an amendment of 
section  108(e)  of  the  Criminal  Code,  the  creation  of  a  new  provision  in  the  Criminal  Code  as  well  as  the 
creation of a new provision in the law of Parliamentarians as unethical remunerated conduct of a company 
taking advantage of a parliamentarian.  

99   Plans include the increase of the currently applicable maximum fines of EUR 10 million as corporate sanctions 
to  increase  the  deterrent  effect,  particularly  with  regard  to  large,  global  enterprises,  while  considering  the 
introduction of revenue-based fines, according to information received by the Ministry of Justice in the context 
of the country visit to Germany.  

100  Law on the sanctioning of association related crimes. See 2022 Rule of Law Report, Country Chapter on the 

rule of law situation in Germany, p. 11. 

101  Companies  can  be  held  liable  for  corruption  offenses  committed  by  their  representatives  under  the  more 
generic  Act on Regulatory  Offences  with a fine of  up to  EUR 10  million and  the possibility  to confiscate 
profits, which represents an administrative corporate liability regime.  

102  OECD (2021), Working Group on Bribery, Implementing the OECD Anti-Bribery Convention, Phase 4 - Two 
Year Follow-Up Report Germany, noting, however, that enforcement primarily targets natural persons who 
commit  economic  offences,  while  Germany’s  corporate  liability  regime  remains  critically  low.  See  also 
Correctiv (2022), Export champion Germany – the corruption file, indicating the defence sector as high-risk 
corruption sector. See also Transparency International, Exporting Corruption (2022), pp. 8, 48-49, referencing 

12 

 
                                                           
Enforcement  against  corruption  in practice,  including  high-level  corruption,  shows no 
systemic  weaknesses.  There  were  no  concerns  raised  by  stakeholders  with  regard  to  the 
treatment of high-level corruption cases or the investigation, prosecution or final judgments of 
corruption and high-level corruption cases103. The levels of human and financial resources as 
well as high specialisation for corruption cases within the police, the prosecution service, and 
the courts are considered overall adequate to carry out their tasks104. Cooperation between the 
relevant  anti-corruption  entities,  including  the  prosecution  service,  police,  the  Financial 
Intelligence Unit (FIU) and other relevant entities is reported to be good105, although concerns 
were flagged, as previously reported, with regard to the operational effectiveness of the FIU in 
practice and backlogs106, the latter of which have been cleared by the end of May according to 
the  Government107.  The  Ministry  of  Finance  has  announced  to  strengthen  investigators  and 
digitalisation and to appoint a new FIU head with expertise in financial crime to take up his 
role as of 1 July 2023108.  

The  number  of  investigated  corruption  crimes  has  significantly  increased,  while  the 
overall financial damage caused by corruption decreased compared to the previous year 
reported109. The latest 2022 official National Situation Report details 7433 police-registered 
corruption cases in 2021, which presents a stark increase of approximately 35% compared to 
2020110.  As  in  the  previous  year,  the  high  numbers  are  due  to  investigations  of  active  and 
passive bribery, with a significant increase of aggravated bribery cases with particularly high 
values of undue financial advantages111. In addition, in this reporting period, the high numbers 
also  relate  to  aggravated  corruption  cases  committed  within  the  framework  of  a  criminal 
organisations. At the same time, the number of public officials accepting a bribe is at the lowest 
level of the past five years, which may be due to closed administrations during the COVID-19 
pandemic112.  The  detected  financial  damage  caused  by  corruption  has  notably  decreased 
compared to 2020, by approximately 25% amounting to EUR 61 million in 2021. Of those who 
accepted  a  bribe,  55%  have  been  public  officials,  a  decrease  by  16%  compared  to  2020. 
Construction is the most affected sector, while the business sector and public administration 

moderate enforcement in foreign bribery cases, including 16 opened investigations, 6 commenced cases and 
40 conclusions of cases with sanctions in the years 2018-2021, while also noting the lack of criminal liability 
of corporations as the main weakness.  

103  Information received from the Prosecution Service, Judges’ Association and Bar Association in the context of 

the country visit to Germany. 

104  Information received from the Prosecution Service/Ministry of Interior/Federal Criminal Police in the context 

of the country visit to Germany. See input from Germany for the 2023 Rule of Law Report, p. 25. 

105 Similarly, the EPPO has raised no concerns regarding the cooperation with Germany. 
106  In December 2022, the head  of the  FIU stepped down, Sueddeutsche  Zeitung, Financial Intelligence Unit, 
Germany’s  Anti-money  laundering  authority  drowns  in  chaos  (2  March  2023),  and  Die  Zeit,  Financial 
Intelligence Unit: Nice and clean please (22 December 2022), Cf. also 2021 Rule of Law Report, Country 
Chapter on the rule of law situation in Germany, p. 8.  

107  Contribution from Germany for the 2023 Rule of Law Report.  
108  Ministry of Finance, Press release: Financial Intelligence Unit gets new leadership (29 March 2023).  
109  German Federal Criminal Police Office, Federal Overview on Corruption 2021 (15 September 2022).  
110  German  Federal  Criminal  Police  Office,  Federal  Overview  on  Corruption  2021  (15  September  2022). 
Fluctuations in the data  are reportedly due to the complexity of corruption investigations and the  fact  that 
large-scale investigations in several Länder conducted involved a high number of individual criminal acts. 

111  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 12. 
112  German Federal Criminal Police Office, Federal Situation Report on Corruption 2021 (15 September 2022).  

13 

 
                                                           
represent the preferred targets113. The report, which illustrates in a robust annual analysis recent 
trends, developments and statistics on the phenomenon of corruption and Germany’s efforts to 
repress corruption, could be further improved by including information broken down by the 16 
Länder114 and  references to the nexus with organised crime115.  

There  are  plans  to  further  strengthen  the  mandatory  lobby  register  rules.  Germany’s 
mandatory lobby register116 that came into force on 1 January 2022117 is administered by the 
Federal Parliament (Bundestag) hosting more than 5 500 interest representative entries after 15 
months of existence118. All individuals, companies, associations, and other organisations must 
register,  if  they  contact  members,  bodies,  factions  or  groups  of  the  Federal  Parliament,  the 
Federal Government, including parliamentary state secretaries, heads of directorates and other 
top-level executives above this level, in order to directly or indirectly influence the decision-
making process. The legislative process in the Parliament has started in June on Government 
proposals to widen its scope to register a larger group of interest representatives119, and to also 
record lower-level meetings at technical level in the ministries from where legislative drafts 

113  This data illustrates a change to the previous year, where the services sector was the most affected, while the 
public administration alone represented the preferred target, see 2022 Rule of Law Report, Country Chapter 
on the rule of law situation in Germany, p. 12. 

114  The data is based on information supplied by the Federal Criminal Police Office and its counterparts in the 
federal  states,  the  Federal  Police  and  the  Customs  Criminological  Office  using  a  nationally  standardised 
questionnaire of the Federal Criminal Police Office. The situation report is published annually at the start of 
the year  for the preceding year.  

115  The role of corruption in organised crime, as described in  the Situation Report on Corruption (see ibid, p. 
18),could be  featured more prominently in this report to gain further insights, including from a new project 
launched regarding corruption in ports. Information received from the Federal Criminal Police Office in the 
context  of  the  country  visit  to  Germany.  To  be  noted  that  the  Situation  Report  on  Organised  Crime  (21 
September 2022) contains findings and data on the role of corruption in organised crime. 

116  Law for the introduction of a lobby register for interest representatives toward the German Federal Parliament 
(Lobbyregister law - LobbyRG) of 16 April 2021. The register is accompanied by a lobbying code of conduct, 
the German Federal Parliament (2022), Handbook for interest representatives to register in the lobby register. 
Breaches of the code will be registered for a period of 24 months with the exclusion of the respective lobbyists 
from the register. The failure to register as a lobbyist will lead to sanctions, including a fine of a maximum of 
EUR 50 000. See in this context also GRECO, Fifth Evaluation Round, Interim Compliance Report (2020), 
para. 57. See also 2021 Rule of Law Report, Country Chapter on the rule of Law situation in Germany, p. 9. 
117  The need to enhance lobbying transparency  has been a long-standing concern. See,  for example, GRECO, 
Fifth Round Evaluation – Evaluation Report Germany, para. 63, and UNODC, Review of implementation of 
the United Nations Convention against Corruption. Executive summary - Germany. For the level of lobbying 
transparency at the 16 Laender level, see Transparency International’s Lobbyranking der Bundesländer 2022, 
including an overview over available lobby registers, legislative footprints, cooling off periods and codes of 
conduct  at  local  level.  See  in  this  context  also  Abgeordnetenwatch,  A  patchwork:  The  insufficient  lobby 
register rules of the Laender (19 January 2023).  

118  The  lobby register is available at  www.bundestag.de/lobbyregister 
119  See Legislative proposal of the Federal Parliament for the Amendment of the Lobby Register (20/7346). The 
first reading has taken place on 23 June 2023; Bundestag (2023), Amendment of the Lobby Register Law.  
Amendments  are  proposed  in  a  differentiated  manner  that  protect  fundamental  rights.  According  to 
information received from LobbyControl in the context of the country visit to Germany, an amendment that 
would address concerns regarding the large scope of exemptions would have to include churches and religious 
communities, trade unions and employer associations to allow for their mandatory registration, representing 
the most important lobby actors in Germany that are so far not obliged to register. 2021 Rule of Law Report, 
Country Chapter on the rule of law situation in Germany, p. 9. See also Abgeordnetenwatch, Intransparent 
Lobby Contacts of members of Parliament, hardly any control of the rules: Report of the Council of Europe 
criticises Germany again due to the lack of reforms (30 November 2022). 

14 

 
                                                           
originate120. These plans are yet to be taken forward. Current debates focus on the transparency 
requirement of the lobby register to publish third-party donations to the registering organisation 
that are above EUR 20 000 for its potential negative effects on donors’ willingness to donate 
in the future121.. Deficits were also flagged with regard to the comparability of entered lobby 
cost data122 and the frequent lack of registration of companies that outsource their lobbying 
activity through a chain of several sub-contracts, which present an obstacle to tracing the real 
interest representatives behind the lobbying activity123. The Parliament Administration follows 
up only on the most implausible entries and evident formal errors124  and verifies the entered 
data  for  any  suspicious  content125.  The  administration  relies  therefore  on  third  parties’ 
compliance monitoring, with so far no reported case of missing or false entries within the first 
year of the register’s existence126. Consequently, no sanctions have been applied in 2022127. A 
year in, interest representatives are now also obliged to confirm for the first time their entries 
in  the  register  by  signature128.  An  official  assessment  of  the  lobby  register  is  envisaged  for 
spring 2025.  

120  Coalition Agreement 2021-2025, p. 10. This would apply to heads of divisions and desk officers, according to 

information received by the Government in the context of the Member State consultation. 

121  See Handelsblatt, Government coalition intends to ease the lobby regulations for non-profit organisations (23 
February  2023).  Information  also  received  from  Ministry  of  Justice/  Transparency  International/ 
LobbyControl  in  the  context  of  the  country  visit  to  Germany,  raising  concerns  as  to  the  requirement’s 
potentially disadvantageous effects on civil society versus other interest representatives, noting however that 
there is no obvious decline in donations after one year of existence of the lobby register. Discussions centre 
on the introduction of a specific percentage of the organisation’s annual budget or specific ranges instead of a 
threshold. 

122  According to information received from Transparency International in the context of the country visit, some 
interest  representatives  enter  all  costs  of  their  office,  while  others  include  exclusively  the  costs  relating 
specifically to lobbying activities. The exceptions for disclosing financial information are considered too broad 
and too extensively used in practice, while there is no follow-up by Parliament Administration. The threshold 
of fifty contacts within three months as a requirement to register is also found to be too high.  

123  The mandatory registration applies also to organisations which hire external lobbying services, see Bundestag, 
Lobbyregister, Informationen für Interessenvertreterinnen und Interessenvertreter,  However, LobbyControl, 
One  year  lobby  register  (2023),  highlights  the  specific  and  frequent  scenario  of  companies  hiring  external 
consulting firms, which contract another agency that hire an independent lobbyist to undertake the interest 
representation activities of the company  

124  According  to  information  received  by  the  Parliament  Administration  in  the  context  of  the  country  visit  to 
Germany, the first year of the lobby register in practice has shown the need to provide much more information 
to  interest  representatives  than  expected  to  improve  the  quality  of  the  register  data,  with  a  number  of 
implausible figures or incorrect entries that are mainly caused by misunderstandings. 

125  An  initial  suggestion  from  stakeholders  to  establish  an  independent  oversight  body  was  not  implemented. 
LobbyControl,  ‘The  lobby  register  is  coming  –  Our  evaluation’  (2021),  similarly,  contribution  from 
Transparency International Germany for the 2022 Rule of Law Report, p. 1.  

126  Information  received  from  the  Parliament  Administration/LobbyControl/Transparency  International  in  the 
context of the country visit to Germany. Detected false entries can trigger administrative fines of up to EUR 
50.000. Stakeholders consider the ceiling of fines be too low particularly for larger and global enterprises, as 
well as the lack of public information on whether breaches were fined, as reputational risk may have a greater 
effect than monetary fines. Contribution from Transparency International Germany for the 2023 Rule of Law 
Report, p. 1; information received from LobbyControl in the context of the country visit to Germany. The 
Lobby  Register  Act  provides  some  public  information  on  significant  breaches  by  special  interest 
representatives of the code of conduct.  

127  Information received from Administration of the Parliament in the context of the country visit to Germany. 

See also LobbyControl, One year lobby register (2 January 2023).   

128  According to information received from the Administration of the Parliament in the context of the country 
visit to Germany, interest representatives have not yet horizontally complied with this yearly obligation, since 
the first year of the register’s existence has passed.  

15 

 
                                                           
Consultations  to  introduce  a  legislative  footprint  on  lobbying  during  the  legislative 
process are continuing within the Federal Government, showing some progress. The 2022 
Rule  of  Law  Report  recommended  to  Germany  to  “proceed  with  plans  to  introduce  a 
‘legislative footprint’ to allow for the monitoring and tracing of all interest representatives who 
seek  to  influence  and  contribute  to  specific  legislative  texts”129.  The  introduction  of  such  a 
‘legislative  footprint’130  or  a  digital  legislative  portal  to  publish  who  sought  to  influence 
legislative drafts is delayed131. Consultations within the Federal Government are continuing132. 
The decision-making process is at an initial stage due to considerations to link the legislative 
footprint  –  rather  than  to  the  reform  of  the  lobby  register133  –  to  a  broader  e-government 
initiative134 beyond the exclusive remit of the Parliament, requiring a coordination process with 
the  Government.  A  feasibility  study  is  currently  considered  to  inform  this  coordination 
process135.  The  collection  and  disclosure  of  comprehensive  information  on  who  influences 
whom in the decision-making process would help to ensure a level playing field for all interest 
representatives contributing to balanced legislative outcomes136. It would also help to reduce 
risks of corruption, conflicts of interest and regulatory capture, while the public interest is at 
the  core  of  the  prospective  legislation.  A  decision  on  whether  or  not  to  link  the  legislative 
footprint to the e-government initiative is envisaged for the end of 2023, while the introduction 
of the legislative footprint is expected by the end of 2024137. Against this background, there is 
some progress regarding the implementation of the recommendation made in the 2022 Rule of 
Law Report. 

Supplementary guidelines on post-employment are under preparation but do not address 
the need to ensure more consistency in the various existing rules138. The 2022 Rule of Law 
report  recommended  to  Germany  to  “[s]trengthen  the  existing  rules  on  revolving  doors  by 
increasing consistency of the different applicable rules, the transparency of authorisations for 
future employment of high-ranking public officials, and the length of cooling-off periods for 
federal ministers and federal parliamentary state secretaries”139. The Federal Government does 

129  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2.  
130  A legislative footprint is a comprehensive public record of lobbyists’ influence on a piece of legislation, which 
was originally planned to be implemented by the end of 2022. 2022 Rule of Law Report, Country chapter on 
the rule of law situation in Germany, p. 13. 

131  Information received from Administration of the Parliament in the context of the country visit to Germany. 

See also Coalition Agreement 2021-2025, p. 10.  

132  Input from Germany for the 2023 Rule of Law Report, p. 15. 
133  Due to the intrinsic thematic link, civil society organisations view the thematic and timely separation of the 
lobby  register  reform  and  the  introduction  of  the  legislative  footprint  critically,  according  to  information 
received from Transparency International in the context of the country visit to Germany. 

134  For  more  information  on  the  e-government  initiative,  see  Bundesregierung,  ,  Project  e-legislation,  and  e-

legislative procedure of the Federal Government.  

135  The  feasibility  study  would,  among  others,  assist  the  Government  to  clarify  questions  as  of  when  in  the 
decision-making  process  publication  of  interest  representatives’  input  is  required  and  what  would  be 
considered  too  early  interfering  with  the  development  of  internal  positions.  Information  received  from 
Administration of the Parliament in the context of the country visit to Germany. 

136  Especially  the  influence  of  large-scale  enterprises  and  business  associations,  including  from  Germany’s 
automobile industry, that use significant resources to influence Germany’s decision-making process have been 
in focus, while several scandals, such as Wirecard and the mask affair broke. See, for instance, LobbyControl 
(2021), Lobbying undermines democracy – Ten theses.  

137  Information received from Administration of the Parliament in the context of the country visit to Germany. 
138  2022 and 2021 Rule of Law Report, Country chapter on the rule of law situation in Germany, p. 13 (for 2022) 

and p. 9 (for 2021).  

139  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2.  

16 

 
                                                           
not  plan  to  legislate  to  address  the  persistent  concerns  as  to  the  different  application  of 
Germany’s  ‘revolving  doors’  rules,  including  varying  cooling-off  periods  and  the  large 
discretion  in  the  decision  of  superiors  regarding  future  employment  of  state  secretaries  and 
directors general140, despite international recommendations141. Notably, in case of concerns of 
interference with the public interest, the Federal Government can prohibit, wholly or in part, 
the taking up of new employment of high-ranking public officials142. For federal ministers and 
federal parliamentary state secretaries, the cooling-off periods are shorter with a 12-18 month-
period, compared to the period applicable to state secretaries and directors general of three to 
five years and thus could warrant a longer mandatory cooling-off period, as recommended by 
GRECO143.  New  preventative  guidelines  will  be  prepared  for  the  Federal  Government  to 
sensitise retiring public officials144. As limited action has been taken to strengthen the existing 
rules on revolving doors, some progress has been made regarding the recommendation in the 
2022 Rule of Law Report. 

The monitoring of secondary activities of members of Parliament constitutes a challenge. 
As in the previous year, there were delays in the reporting of parliamentarians’ side activities 
in 2022 that continued in 2023145. The publication of the members’ declaration of secondary 
activities was completed in April 2023 except for a few individual cases146. In September 2022, 
the administration of the Federal Parliament updated its guidelines for members of Parliament, 

140  Input  from Germany for the  2023 Rule of Law  Report,  pp. 12-14, including the Government’s underlying 
reasoning,  which  prefers  to  provide  for  discretion  to  balance  conflicting  constitutional  rights  and  the 
differentiation of career prospects of, for example, term-limited ministers and life-long public officials. 
141  GRECO  Fifth  Evaluation  Round  –  Evaluation  Report,  paras.  89  and  91.  Political  servants  and  Directors-
General are subject to cooling-off regulations stipulated in Civil Servants Act, section 105; Restrictions on 
‘revolving doors’ and accompanying disclosure requirements for current and former members of the Federal 
Government  and  parliamentary  state-secretaries  are  laid  down  in  the  Act  Governing  the  Legal  Status  of 
members of the Federal Government (section 6(a) and 6 (b), applying mutatis mutandis to parliamentary state 
secretaries) and the Act on the Legal Relationships of Parliamentary State Secretaries. 

142  The future employment is assumed to interfere with the public interest, if it is pursued in an area in which the 
member of the Government or parliamentary state secretary was active during his/her term in office or may 
otherwise undermine public trust in the integrity of the Federal Government. For more details on the procedure, 
see GRECO Fifth Evaluation Round – Evaluation Report, paras. 86 et seq., indicating several cases where 
future employment was restricted. 

143  See  GRECO  recommendation  in  the  GRECO  Fifth  Evaluation  Round  –  Evaluation  Report,  para.  89, 
highlighting also that, according to the government, the difference between the length of the cooling off period 
between politically appointed civil servants (three to five years) and ministers/parliamentary state secretaries 
(12-18 months) takes into account that civil servants normally have life tenure with their activities usually 
ending on the grounds of old age. Federal ministers and parliamentary state secretaries hold their offices for a 
more  temporary  period  of  time.  In  this  context,  stakeholders,  including  LobbyControl  and  Transparency 
International, call for a three-year cooling-off period to better prevent and reduce risks of undue influence, see 
for instance LobbyControl, Lobbypedia – Cooling-off Period. 

144  Information received from the Ministry of Justice in the context of the country visit to Germany. 
145  Abgeordnetenwatch, Members of the Parliament as lobbyists (7 July 2022), and information received from 
LobbyControl in the context of the country visit to Germany. This is a continuing issue, see Transparency 
International  Germany  (2021),  ‘More  than  20.000  euros:  Özdemir  has  also  forgotten  to  report  special 
payments’; Transparency International  Germany (2021), ‘Lauterbach reports fees belatedly’; Transparency 
International  Germany  (2021),  ‘Ancillary  income:  Hundreds  of  thousands  of  euros  from  MEPs  remained 
undiscovered for years’; Abgeordnetenwatch (2021), Many representatives breached transparency rules.  
146  At the end of April 2023, the declarations of 739 members had been published. Only one member’s declaration 
remained to be published due to legal issues requiring further clarification. In addition, for another member, 
the deadline was still running following his move up. See also LobbyControl, Second incomes still not public 
(6  September  2022).  See  also  Abgeordnetenwatch,  Second  incomes,  members  of  Parliament  as  lobbyists 
Lobbyisten (7 July 2022). 

17 

 
                                                           
including  the  rules  on  remunerated  side  jobs147.  This  follows  amendments  of  the  Act  on 
members  of  the  Federal  Parliament148  adopted  in  2021,  which  addressed  some  integrity 
challenges  for  parliamentarians149.  The  reform  introduced  a  prohibition  for  members  of 
Parliament of remunerated lobby activities as secondary activities and of remunerated lectures 
that  are  in  connection  to  their  parliamentary  work150.  Supervision  and  enforcement  present 
obstacles in practice due to the lack of a fully independent oversight body or ethics committee 
with  a  mandate  to  investigate  breaches151.  The  reform  does  not  entail  the  disclosure  of  the 
actual time spent on the secondary activity152. Similarly, ad-hoc disclosures are not required 
when  a  conflict  between  specific  private  interests  of  a  member  of  Parliament  emerges  in 
relation to a matter under discussion in Parliament153.  

Asset  disclosure  rules  for  members  of  the  Federal  Government  are  incomplete154. 
According to the Government, the transparency measures in place have proven appropriate to 
prevent  corruption  in  practice,  not  requiring  or  justifying  any  legislative  changes155.  As 
previously reported, for members of the Federal Parliament, the categories of information to 
be disclosed in their financial declarations does not extend to liabilities and significant assets, 
such as shareholdings in private enterprises below the current threshold156. Their assets and 

147  Deutscher Bundestag, Rules on conduct for members of the German Federal Parlament (September 2022). 
148  Law amending the Act on Members of the Bundestag - Improvement of the transparency rules for members 

of the German Bundestag.  

149  UNODC,  Review  of  implementation  of  the  United  Nations  Convention  against  Corruption,  Executive 
summary - Germany, Implementation Review Group (January 2020); and GRECO Fourth Evaluation Round 
– Interim Compliance Report. Notably, also implementing provisions regarding the substance and scope of 
the obligations established by the Act on members of the Federal Parliament were issued and adopted by the 
Council of Elders in May 2022, which are relevant for the interpretation and application of the law. 

150  See also discussion above on strengthening the criminal offence of bribery of parliamentarians. 
151  Information received from LobbyControl and Transparency International in the context of the country visit to 
Germany. The Administration of the Parliament has a limited mandate to investigate and is subordinated to 
the Presidium of the Parliament. See also GRECO Fourth Evaluation Round – Second Interim Compliance 
Report (22 November 2022), para. 38, p. 9, raising questions as to whether the administration is not too close 
to power in order to effectively monitor and, if need be, criticise members of Parliament 
152  2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 10. 
153  GRECO Fourth Evaluation Round – Interim Compliance Report, paras. 14-17, p. 4.  
154  GRECO Fifth Evaluation Round – Evaluation Report, para. 95. See also 2021 Rule of Law Report, Country 
Chapter on the rule of law situation in Germany, p. 10, and 2020 Rule of Law Report, Country Chapter on the 
rule of law situation in Germany, p. 7. Information received from the Ministry of Justice, Ministry of Interior, 
the Parliament Administration and Transparency International in the context of the country visit.  

155  Information received from the Ministry of Justice in the context of the country visit to Germany, indicating 
that further legislative activity could raise proportionality issues. Germany has carried out an extensive internal 
review of its rule on asset declarations in 2021-2022 that GRECO accepted as meeting its recommendation 
(iii) of the Fourth Evaluation Round, Evaluation Report, see also 2022 Rule of Law Report, Country Chapter 
on the rule of law situation, p. 14. 

156  Members of  the Parliament are obliged to disclose  shareholdings in private  corporations or partnerships  if 
these amount to a share of more than five percent, unless the activity of the partnerships relates exclusively to 
letting and leasing in connection with the management of private property, as well as revenues of such holdings 
(see  section  45(2)(6),  45(3)  Member  of  the  Bundestag  Act.  .  GRECO  Fourth  Evaluation  Round  –  Interim 
Compliance Report, para. 37, p. 8. UNCAC Country Review Report of Germany, Review Cycle 2016-2021, 
p. 5. See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 10, where 
it was reported that the amendment to the Act on Members of the Federal Parliament included a provision to 
disclose their financial holdings in unincorporated companies and companies with share capital above 5% as 
well  as  the  revenues  of  such  holdings.  Germany  will  not  widen  the  scope  of  declarations  to  also  include 
information on spouses and dependent family members, according to information received from the Ministry 

18 

 
                                                           
financial interests are subject to notification if the respective member is in charge of an issue 
in a parliamentary committee, while being remunerated through a secondary activity157.  

The revision of Germany’s political party financing rules has not yet begun158, while the 
Constitutional Court ruled against the unscheduled, additional increase of party finances. 
Party financing is regulated in the Law for Members of the Parliament and the Law for Political 
Parties159.  The  2021  coalition  agreement  includes  plans  to  regulate  sponsoring  and  hidden 
campaign finance by third parties160, but an indicative timeline for reform in this regard is not 
yet  set161.  Furthermore,  to  strengthen  its  oversight  and  control  functions  the  Parliament’s 
administration  has  not  yet  increased  its  human  and  financial  resources162.  The  Parliament 
Administration is not enabled to have access to the tax information of donors for the monitoring 
of the regularity of party finance, in order to be able to cross-check data during the verification 
process  of  statements  of  accounts  of  political  parties163.  Concerns  remain  regarding  the 
significant time lapse between the party income and its reporting164. On 24 January 2023, the 
Constitutional  Court  ruled  that  the  unscheduled  additional  increase  in  public  funding  for 
political parties in 2018 by approximately EUR 25 million to a total  of EUR 190 million is 

of Justice in the context of the country visit to Germany. See, however, GRECO Fourth Evaluation Round – 
Interim Compliance Report, recommendation iii, paras 18-19. 

157  2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 14 (for 2022) 
and p. 10 (for 2021). Since 2005, ten fines have been imposed for serious violations, which have been made 
public  by  the  President  of  the  Parliament,  see  Abgeordnetenwatch,  Members  of  Parliament  breached 
transparency rules a hundred times - without consequences Transparenzvorschriften – ohne Konsequenzen (26 
February 2022), reporting that in the first ten months of 2021, 96 violations were reported, and 71 of them 
were ascertained. Seven times members of Parliament received a warning. In 64 cases, members of Parliament 
were  reminded  of  the  codes  of  conduct,  while  no  sanctions  were  applied.  The  Law  of  members  of  the 
Parliament  provides  for  fines  of  up  to  half  their  annual  remuneration,  depending  on  the  severity  of  the 
individual case and the degree of fault. See also report on investigations and sanctions by the President of the 
Bundestag (23. September 2022), https://dserver.bundestag.de/btd/20/035/2003500.pdf .  

158  The initiative falls into the competence of the Parliament. According to information received from the Ministry 

of Justice, neither a concrete legislative proposal nor a timeline is yet available.  

159  International reviewers have repeatedly pointed out the need for lower thresholds and strengthened record-
keeping,  while  sponsoring  remains  largely  unregulated  despite  its  potential  to  buy  access  to  important 
Government officials. 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 
11. See also UNCAC, Review Cycle 1 (Chapter III and IV), Executive Summary: Germany, Implementation 
Review  Group  (July  2020),  and  Review  Cycle  2  (Chapter  II  and  V),  Executive  Summary:  Germany, 
Implementation Review Group (January 2019).  

160  Coalition Agreement 2021-2025, p. 10. 
161  The Government plans have been welcomed by Transparency International/ LobbyControl, see 2022 Rule of 

Law report, Country Chapter on the rule of law situation in Germany. 

162  Coalition Agreement 2021-2025 p. 10.  
163  Concerns in this regard are flagged in UNCAC Country Review Report of Germany, Review cycle 2016-2021, 

p. 67. 

164  2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 15 (for 2022) 
and p. 10 (for 2021). Information received from LobbyControl in the context of the country visit to Germany, 
emphasising that there is no intention to shorten the lapse of time. Notably, the accountability reports of 2021 
are expected to be published in 2023.  

19 

 
                                                           
unconstitutional165.  While  political  parties  will  have  to  return  the  increase,  the  risk  of  their 
dependency on private donations have been emphasised166. 

Legislation  on  whistleblower  protection  has  been  adopted167.  A  new  draft  law  was 
published in April 2022168 and passed by the Federal Parliament on 16 December 2022169, after 
a  first  attempt  in  2021  had  not  gone  through.  The  draft  law  was  largely  welcomed  by 
stakeholders  as  it  provided  for  several  improvements  compared  to  the  previous  draft170. 
However, the draft law did not pass the chamber of the Länder representatives on 10 February 
2023171. On 9 May, the conciliation committee agreed on a compromise proposal which was 
adopted on 31 May172. In 2022, 76.7% of corruption investigations were initiated on the basis 
of  external  information  and  public  disclosures173,  pointing  to  the  need  for  horizontal 
whistleblower protection.  

A new public procurement transformation package to modernise public procurement is 
under way with the potential for better corruption prevention. Public consultations on the 
package of the Federal Ministry for Economic Affairs and Climate Action to simplify, digitise 
and speed up public procurement procedures have been conducted until mid-February 2023174. 
The initiative, which is part of the Government’s coalition agreement, was overall welcomed 
by  stakeholders175  carrying  the  potential  to  increase  transparency  and  thus  corruption 
prevention  in  public  contracting176.  In  a  previously  reported  corruption  scandal  relating  to 
procured  medical  equipment,  the  Federal  Court  of  Justice  has  ruled  in  the  case  of  passive 
bribery  of  members  of  the  Parliament  who  have  brokered  facemask  deals  that,  although 

165  It is not uncommon to increase public funding for political parties but frequently exercised depending on the 
development of prices. However, for unscheduled, additional increases there are strict regulations in place, 
which 
its  ruling  of  24  January  2023,  2  BvF  2/18. 
Bundesverfassungsgericht, Lifting of ‚absolute ceiling‘ for party finance by the state is unconstitutional Press 
Statement No. 9/2023 of 24 January 2023. 

the  Constitutional  Court  confirmed 

in 

166  Information received from LobbyControl in the context of the country visit. 
167  Federal Law Gazette 2023 I No. 140, https://www.recht.bund.de/bgbl/1/2023/140/VO.html. 
168  Press statement of the Ministry of Justice (2022), Better protection for whistleblowers.  
169  Bundestag, Better protection for whistleblowers in the work place agreed (16 December 2022)  
170  Such  an  improvement  noted  in  particular  was  the  obligation  on  companies  and  public  administrations  to 
introduce,  in  addition  to  the  mandatory  reporting  channels  also  possibilities  for  anonymous  reporting.. 
Information received from Transparency International/  LobbyControl in the context of  the country visit  to 
Germany.  See  also  Transparency  International,  Finally  protection  for  whistleblowers  :  Federal  Parliament 
passes the bill (16 December 2022), noting some more areas where further improvements could have been 
taken on board, including, for example, to address the lack of financial aid mechanisms for whistleblowers 
and the too broad exceptions for reasons of national security.  

171  Bundestag  –  Press  release,  Federal  Council  of  the  Laender  does  not  approve  the  whistleblower  law  (17 

February 2023),  

172  This proposal does not address the criticised lack in the previous draft law of a legal obligation for companies 
to  accept  and  follow  up  on  anonymous  channels.  and  reduces  -  compared  to  the  previous  draft  law  –  the 
maximum fines for companies that fail to comply with the new rules (from EUR 100.000 to now EUR 50.000). 
Legal Tribune Online (LTO), Whistleblower Law could still come in mid-June (10 May 2023). Federal Law 
Gazette 2023 I Nr. 140 of 02.06.2023 

173  Federal Criminal Office, Federal Situation Report Corruption 2021 (2022), p. 17, indicating an increase by 

31,6% (from 45,1% in 2021).  

174  Public consultation on the transformation of the public procurement law (29 December 2022). 
175  See e.g. Transparency International, Position paper for the public consultation on the transformation of public 

procurement by the Federal Ministry of Economics and Climate Protection (14 February 2023). 

176  Businesses’ attitudes towards corruption in the EU shows that 27% of companies Germany (EU average 26%) 
think that corruption has prevented them from winning a public tender or a public procurement contract in 
practice in the last three years. This is one percentage point above the EU average. 

20 

 
                                                           
arguably unethical, such conduct would not constitute bribery under the current law177.  For all 
contracting authorities that are not under the obligation to consult the electronic competition 
register178, the current consultation obligations of the corruption register of the Länder and the 
commercial central register remain in place179. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In Germany, the Basic Law and secondary legislation form a well-established legal framework, 
guaranteeing media freedom and pluralism as well as the right of access to information180. The 
main legislative competence in the area lies with the Länder, which conclude state treaties to 
establish a common media policy framework, including notably the State Media Treaty181. The 
3rd  amending  treaty  to  the  State  Media  Treaty,  concluded  in  November  2022,  is  presently 
undergoing  ratification  and  is  intended  to  enter  into  force  in  July  2023182.  Currently,  a  4th 
amendment to the State Media Treaty was concluded by the governments of the Länder and 
the parliaments of the Länder have started the process of ratification183. This is completed by 
national legislation and safeguarded by constitutional guarantees and the relevant jurisprudence 
of  the  Constitutional  Court.  The  federal  structure  results  in  a  variety  of  legal  frameworks, 
supervisory structures and public service broadcasters providing an additional safeguard for 
media pluralism and media freedom184. 

There have been no recent changes concerning the 14 State Media Authorities functioning 
as regulatory authorities for commercial broadcasters at the Länder level. As previously 
reported,  the  independence  of  such  authorities  remains  ensured,  including  as  regards 

177  Bundesgerichtshof, BGH rules on criminal responsibility for active and passive  bribery of members of the 
Parliament in the context of the so-called mask affair (12 July 2022). Acts in their personal capacity, such as 
the  mask  deal  brokering,  does  therefore  not  qualify  as  bribery,  leaving  considerable  room  for  conflicts  of 
interest. For more details, see also further above in this text. 

178  As previously reported, since 1 June 2022 public contracting authorities can consult the electronic competition 
register  in  support  of  public  procurement  processes,  which  hosts  and  flags  relevant  information  for  the 
exclusion  of  bidders  from  procurements,  including  on  final  convictions,  penalty  orders  and  fines  for 
corruption,  bribery,  money  laundering,  tax  evasion,  and  other  serious  crimes.  There  is  only  a  consultation 
obligation in place for contract values beyond EUR 30.000 and for contracting authorities responsible for the 
areas of water, energy, traffic and postal service as of the EU threshold. 2021 Rule of Law Report, Country 
Chapter on the rule of law situation in Germany, p. 11. The Act to Introduce the Competition Register for 
Public Procurement entered into force on 29 July 2017. The register is set up at the Federal Cartel Offices. 
UNCAC, Country Review Report of Germany, Review Cycle 2016-2021, p. 32.  

179  Bundeskartellamt, The competition register at the Federal Cartel Office. In turn, where there is an obligation 
to consult the electronic competition register, the obligations have been eliminated to consult the commercial 
central register and the corruption register of the Länder in procurement procedures. The option of consulting 
the commercial central register on a voluntary basis will remain until 31 May 2025. 

180  2022, 2021 and 2020 Rule of Law Reports, Country Chapters on the rule of law situation in Germany. 
181  The state treaties on media do not regulate the press (with the exception of the digital press). There are press 

laws at the level of the Länder. 

182 State Government of Rheinland-Pfalz (2023), Länder sign 3rd amending treaty to the State Media Treaty on 

the reform of public service broadcasting.  

183  State Government of Rheinland-Pfalz (2023), The reform of public service broadcasting is progressing: more 

transparency, compliance, stronger governance.   

184 Germany ranks 21st in the 2023 Reporters without Borders World Press Freedom Index compared to 16th in 

the previous year. 

21 

 
                                                           
financing185. The 2023 Media Pluralism Monitor concludes that “in 2022 there were no signs 
of any kind of dependence on the state media authorities”186.  

The  self-regulation  of  the  press  by  the  German  Press  Council  is  well  established  and 
developed. The Press Council, composed of journalists’ and publishers’ associations, is a well-
accepted actor in the German media landscape. In 2022, the number of complaints on press 
publications  received  by  the  Press  Council  decreased  significantly  to  the  volume  recorded 
before the COVID 19 pandemic which was the topic of a large number of complaints in the 
past years (1 733 complaints received in 2022, compared to 2 556 in 2021 and a peak of 4 085 
complaints in 2020)187. The Press Council issued 47 public reprimands in 2022 of which more 
than 80% have been published. More than half of these reprimands related to the lack of a clear 
distinction between editorial and commercial content or violations of the protection of privacy 
as defined in the Press Code188. 

Transparency of media ownership continues to be ensured at a good level. The State Media 
Treaty of 2020 included a protocol declaration of the Länder agreeing on the objective to ensure 
a future-proof media  concentration framework.  The  Länder are in  the process  of discussing 
first proposals for a revision of the current framework189. As in many other Member States, 
Germany’s  media  system  continues  to  be  impacted  by  the  digitalisation  of  media  and  a 
transition in business models190. At the beginning of 2023, large publishing houses announced 
staff cuts191. As regards media ownership transparency, legislative provisions are in place for 
commercial broadcasters as well as online news media and the press192. As reported in 2021 
and  2022,  access  to  the  information  covering  television,  radio,  press  and  online  media  is 
notably  ensured  via  a  public  database  of  the  Commission  on  Concentration  in  the  Media 
(KEK)193.  The  indicator  on  transparency  of  media  ownership  of  the  2023  Media  Pluralism 
Monitor shows a low risk194. 

An update to the programme mandate for the public service broadcasters was agreed in 
2022195.  The  3rd  amending  treaty  to  the  State  Media  Treaty  aims  to  adapt  the  remit  and 
programming  of  the  public  service  broadcasters  to  changing  viewing  habits,  notably  by 

185 2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 17; 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Germany, p. 12. 

186  2023 Media Pluralism Monitor, p. 11. 
187  Press Council (2023), Annual Report 2022. 
188  Press Council (2023), Annual Report 2022, p. 6. 
189  Information received from the representatives of the Länder in the context of the country visit to Germany. 
190  2023 Media Pluralism Monitor, p. 14; 2022 Media Pluralism Monitor, p. 13; Information received from the 
German  Newspaper  Publishers  and  Digital  Publishers  Association  in  the  context  of  the  country  visit  to 
Germany. 

191  Frankfurter Allgemeine Zeitung (2023), Döpfner’s radical cure; Süddeutsche Zeitung (2023), RTL plans to 

cut 700 jobs at Gruner + Jahr.   

192  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 17; 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Germany, p. 12. 

193  KEK (2023), Media concentration. 
194 2023 Media Pluralism Monitor, p. 13. 
195  According  to  the  European  Parliament’s  Flash  Eurobarometer:  News  &  Media  Survey  2022,  62%  of 
respondents in Germany stated that they trust public TV and radio stations, above the EU average of 49%. 

22 

 
                                                           
increasing  the  flexibility  of  the  public  service  broadcasters  to  adapt  their  offer  and 
strengthening control mechanisms in the areas of programming and finance196.  

Stronger compliance safeguards for the public service broadcasters are being prepared. 
This is a reaction to a 2022 scandal on allegations of mismanagement concerning the public 
service broadcaster for Berlin and Brandenburg (RBB)197, which ultimately led to the dismissal 
of its director, who at the time was chairing the ARD198. Many observers consider this incident 
as revealing certain weaknesses in the specific case of the RBB, and not a general issue in the 
system199. However, it is seen as having impacted the image of public service broadcasters200. 
In this context the 4th amendment to the State Media Treaty aims to strengthen mechanisms for 
compliance, transparency, and independent supervisory committees201. The incident may also 
have  indirect  repercussions  on  future  discussions  on  the  financing  of  the  public  service 
broadcasters,  which  are  also  impacted  by  the  increased  inflation202.  At  the  same  time,  the 
independence safeguards for public service media remain strong and there is an established 
mechanism to  assess the financing needs.  In this regard, the legal  requirement to  ensure an 
adequate financing of the public service broadcasters has been confirmed in a 2021 ruling of 
the Federal Constitutional Court203. The next report of the Commission for the determination 
of the financial needs of public service broadcasters is due in 2024. With regard to the long-
term  perspective,  the  Länder  have  set-up  a  ‘future  council’  of  experts  to  come  up  with 
recommendations on the future of public service broadcasting204. 

The Federal Government maintains its plan to establish in law the right to information 
of the press as regards federal authorities and some progress has been made by starting 
internal preparations205. The 2022 Rule of Law Report recommended to Germany to “take 
forward the plan to create a legal basis for a right to information of the press as regards federal 
authorities, taking into account European standards on access to documents”206, which was part 
of  the  coalition  agreement  of  the  Federal  Government207.  The  jurisprudence  of  the  Federal 
Constitutional Court has confirmed the right of the press at national level to request access to 
information based on the Constitution208. At the regional level, there are press laws in place 
guaranteeing  the  access  to  information  by  journalists  in  most  Länder209.  However,  as 

196  3rd Amending Treaty to the State Media Treaty (2022); Explanatory statement on the 3rd Amending Treaty to 

the State Media Treaty (2022). 

197  Tagesschau (2022), Wrong accounts and faulty contracts. 
198  The  ARD  is  the  joint  organisation  of  the  country’s  nine  regional  public  service  broadcasters.  In  addition, 

Germany’s public service broadcasting consists of the ZDF and Deutschlandradio. 

199  Information received from the representatives of the Länder, the German Union of Journalists and the German 

Association of Journalists in the context of the country visit to Germany. 

200  Information received from the German Union of Journalists in the context of the country visit to Germany. 
201  State Government of Rheinland-Pfalz (2023), The reform of public service broadcasting is progressing: more 

transparency, compliance, stronger governance.   

202  ARD (2022), Report on the economic and financial situation of the regional public service broadcasters. 
203  Federal Constitutional Court (2021), Order of the First Senate of 20 July 2021 - 1 BvR 2756/20.  
204  State Government of Rheinland-Pfalz (2023), Meeting of the Broadcasting Commission on 8 March 2023. 
205  Coalition Agreement 2021-2025, p. 124.  
206  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2. 
207  Coalition Agreement 2021-2025, p. 124. 
208  Input from Germany for the 2023 Rule of Law Report, p. 26; Basic Law, Art. 5(1); 2022 Rule of Law Report, 

Country Chapter on the rule of law situation in Germany, p. 19.  

209  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 19.  

23 

 
                                                           
previously reported210, civil society organisations, journalist representatives and publishers see 
gaps in the legal framework regarding the access to information from federal authorities which 
could be addressed by the planned law211. The Federal Government maintains its plan and has 
stated that internal preparations have begun, however details remain unspecified212. GRECO 
concluded at the end of 2022 that its recommendation to independently evaluate the Freedom 
of Information Act and consider possible improvements has not yet been implemented213. As 
preparations  have  begun,  there  has  been  some  progress  on  the  implementation  of  the 
recommendation made in the 2022 Rule of Law Report. 

Authorities  and  journalist  representatives  continue  to  address  concerns  related  to 
physical aggressions against journalists. The Mapping Media Freedom project recorded 87 
violations of media freedom in Germany in 2022, with more than two in three incidents taking 
place during protests; this data should be compared to the 119 alerts in 2021214. This downward 
trend could partly be explained by the decrease of protests related to COVID-19 measures, to 
which  aggressions  against  journalists  were  linked  in  2020  and  2021215.  Preliminary  police 
statistics  for  2022  indicate  a  total  of  320  registered  criminal  offences  in  the  broad  target 
category ‘media’, showing a slight increase compared to 276 cases in 2021216. Since the last 
report, five alerts relating to events in Germany have been registered on the Council of Europe’s 
Platform to promote the protection of journalism and safety of journalists217. The Press Council 
continues to see a need for a better protection of journalists when covering protests or major 
public events, and journalist representatives continue to point to a perception of a high risk for 
journalists when reporting on societal groups hostile to media218. Efforts continue to increase 
exchanges  between  the  police  and  journalists,  for  example  with  initiatives  such  as  training 
courses by the Press Council in police academies as well as further measures for the protection 
of journalists and the sensibilisation of police officers at the level of the Länder219. Moreover, 
an update of the existing principles of conduct for the media and the police continues to be 

210  2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 13; 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Germany, p. 19.  

211  Information received from the German Union of Journalists, the German Newspaper Publishers and Digital 
publishers Association, Transparency International Germany and the Society for Civil Rights in the context of 
the country visit to Germany. 

212  Input from Germany for the 2023 Rule of Law Report, p. 26; Information received from the Ministry of State 

for Culture and Media in the context of the country visit to Germany. 

213  GRECO (2023), Fifth evaluation round, Compliance Report Germany, p. 5. 
214  Media Freedom Rapid Response (2022), Mapping Media Freedom - Monitoring Report 2022, p. 26; Media 

Freedom Rapid Response (2021), Mapping Media Freedom - Monitoring Report 2021, p.11.  

215  Media Freedom Rapid Response (2021), Mapping Media Freedom - Monitoring Report 2021, p. 21; Media 
Freedom Rapid Response (2022), Mapping Media Freedom - Monitoring Report 2022, p. 19; 2022 Rule of 
Law Report, Country Chapter on the rule of law situation in Germany, p. 19. 

216  These 320 cases included 41 cases of threats and 46 cases of violent offences, of which 41 qualified as personal 
injuries. See Bundestag (2023),  Reply of the German Federal Government to a  Parliamentary Question on 
attacks  on  media  professionals  (Drucksache  20/5934);  Bundestag  (2022),  Reply  of  the  German  Federal 
Government to a Parliamentary Question on attacks on media professionals in the context of pandemic-related 
protests (Drucksache 20/949).  

217  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Germany. 
218  Press Council (2023), Annual Report 2022, p. 14; Mapping Media Freedom Monitoring Report 2022, p. 27. 
219  Press Council (2023), Annual Report 2022, p. 14; Input from Germany for the 2023 Rule of Law Report, pp. 
29-30; Bavarian State Chancellery (2023), State government decides ‘4-point programme for the improvement 
of the protection of journalists in Bavaria’ (Press release No 170). 

24 

 
                                                           
discussed between the Länder, the Press Council and media stakeholders220. The 2023 Media 
Pluralism Monitor identifies a low risk for its indicator on journalistic profession, standards 
and protection, but concludes that the risk in this area is increasing, notably due to attacks on 
journalists221.  

Civil society and journalist associations continue to see potential for further improvement 
regarding  the  overall  professional  environment  for  journalists.  While  strategic  lawsuits 
against public participation targeting journalists are not seen as a major problem, civil society 
and  journalist  associations  continue  to  flag  that  there  are  some  cases  of  abusive  litigation 
against journalists222.  In January 2023,  Reporters without  Borders  and the Society  for Civil 
Rights announced that they had filed an appeal to the Federal Constitutional Court against the 
Federal  Intelligence  Service  Act,  in  relation  to  their  concerns  concerning  potential  risks  of 
journalists  being  subject  to  electronic  surveillance  measures  by  intelligence  services,  in 
particular when interacting with potential informants223. In March 2023, information released 
by  the  Federal  Government  highlighted  a  relevant  volume  of  remuneration  paid  by  federal 
ministries to renowned journalists of the public service broadcasters and private media, notably 
for  event  moderation,  triggering  a  debate  on  potential  conflicts  of  interest  for  these 
journalists224. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Germany is a federal republic, with powers distributed between the federal and the sixteen state 
Governments. The separation of powers is enshrined in the Basic Law225 and the constitutions 
of the Länder. At the federal level, federal legislative power is vested in the Federal Parliament 
(Bundestag) and the representative body of the Länder (Bundesrat)226. The Government, the 
Bundesrat  or  members  of  the  Bundestag  can  submit  legislative  proposals227.  Constitutional 
review  is  ensured  by  the  Federal  Constitutional  Court  and  the  constitutional  courts  of  the 
Länder.  The  German  Human  Rights  Institute  and  the  Federal  Anti-Discrimination  Agency 
contribute to upholding fundamental rights.  

There are some improvements regarding stakeholder involvement in policymaking, while 
the commitment to introduce a digital law-making proposal remains pending. Following 
the commitment in the coalition agreement to ensure early consultation of stakeholders noted 

220  Input from Germany for the 2023 Rule of Law Report, p. 29; Information received from the German Press 

Council in the context of the country visit to Germany. 

221  2023 Media Pluralism Monitor, p. 11. 
222 dju in ver.di (2023), Civil society alliance warns: EU directive on protection against SLAPP lawsuits under 
threat; 2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 20; Information 
received from the German Union of Journalist, the German Association of Journalists and the Society for Civil 
Rights in the context of the country visit to Germany. 

223  Society for Civil Rights (2023), GFF and Reporters Without Borders are again filing a constitutional complaint 
against the BND act – the requirements of the Federal Constitutional Court have been disregarded; Reporters 
Without Borders (2023), New constitutional complaint against BND act;  Input from Germany for the 2023 
Rule of Law Report, p. 31.  

224 Bundestag (2023), Reply of the German Federal Government to  a Parliamentary Question on  payments by 
federal ministries to journalists from the public service broadcasters and private media (Drucksache 20/5822); 
TAZ (2023), Linda Zervakis at Republica; T-Online (2023), Is the government too close?. 

225  Art. 20. Basic Law.  
226  Arts. 70 et seq., Basic Law.  
227  Proposals by the  Bundestag  can be submitted by (at least)  5% of its  members. In practice, most proposals 

emanate from the Government.  

25 

 
                                                           
in  the  2022  Rule  of  Law  report228,  stakeholders  generally  report  improvements  in  their 
inclusion in the policy-making process, though the situation is considered to vary based on the 
responsible Ministry229. Especially short consultation periods regarding individual legislative 
proposals continue to be criticised230. A study published in 2023 on the use of expert panels in 
the preparation of draft legislation shows that such panels appear to be gaining in importance 
but notes a lack of transparency in the selection of experts and the limited representation of 
civil society231. As regards the Government’s commitment to create a digital portal on the law-
making process, no updates have been reported.   

On 1 January 2023, Germany had 12 leading judgments of the European Court of Human 
Rights pending implementation, a decrease of one compared to the previous year232. At 
that time, Germany’s rate of leading judgments from the past 10 years that remained pending 
was  at  43%  (compared  to  37%  in  2022)  and  the  average  time  that  the  judgments  had  been 
pending  implementation  was  4  years  and  2  months  (compared  to  3  years  and  2  months  in 
2022)233. The oldest leading judgment, pending implementation for 6 years, concerns the access 
to and the efficient functioning of justice in public trial234. On 15 June 2023, the number of 
leading judgments pending implementation remains 12235. 

The German Institute of Human Rights is preparing a follow-up to the recommendations 
ahead of its re-accreditation in October 2023. As announced in the coalition agreement236, 
the Institute’s financial and human resources were increased, and the Institute considers them 
adequate to allow it to carry out its tasks237. In preparation of its reaccreditation, the Institute, 
currently accredited with A Status, is preparing clarifications to address the recommendations 
addressed  by  the  Sub-Committee  on  accreditation  (SCA)  of  the  Global  Alliance  of  Human 
Rights  Institutions  (GANHRI) on the  Institute’s structure, mandate and  the applicable legal 
framework, including through an external legal expertise on possible avenues to strengthen its 
mandate238. As previously reported, the re-accreditation of the Institute has been deferred by 

228  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 21.  
229  Contributions from the German Federal Bar, the German Judges’ Association, the German Bar Association 

and ENNHRI (Germany) for the 2023 Rule of Law Report.  

230  German Bar Association, 13 March 2023, Short deadlines render stakeholder consultation pointless.  
231  Otto Brenner Foundation, 2023, Study on the role of civil society in Expert Panels. 
232 The  adoption  of  necessary  execution  measures  for  a judgment  by  the  European  Court  of  Human  Rights  is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

233 All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 4. 

234  Judgment of the European Court of Human Rights of 9 June 2016,  Madaus v. Germany, 44164/14 pending 

implementation since 2016. 

235 Data according to the online database of the Council of Europe (HUDOC-EXEC). 
236  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 24. 
237  In 2022, in line with the needs identified by the German Institute for Human Rights, the Federal Parliament 
increased the Institute’s budget by more than EUR 2 million, including 22 additional permanent staff positions, 
the first substantial funding increase since its establishment in 2001. Information received from the German 
Institute of Human Rights in the context of the country visit and  Contribution from ENNHRI for the 2023 
Rule of Law Report, p. 269. 

238  Information received from the German Institute of Human Rights in the context of the country visit to Germany 

and Contribution from ENNHRI for the 2023 Rule of Law Report, p. 268.  

26 

 
                                                           
the SCA for 18 months until October 2023239. In 2022, the Institute had already proposed to 
have an ex officio standing to participate in parliamentary hearings and to provide comments 
on draft laws with human rights implications240. However, the proposal had not been taken up 
by the relevant authorities241. The Institute does not have a horizontal mechanism to monitor 
implementation of its recommendations by the public authorities but intends to develop this in 
the future. The follow-up is monitored individually with regard to specific recommendations 
and has been deemed satisfactory thus far242.  

The Government plans to come with a proposal for legislation to clarify the tax-exempt 
status of non-profit organisations but no concrete progress has yet been made. The 2022 
Rule  of  Law  Report  recommended  to  Germany  to  ‘take  forward  the  plan  to  adapt  the  tax-
exempt  status  for  non-profit  organisations  with  a  view  to  address  the  challenges  which  the 
currently applicable rules present for their operation in practice, taking into account European 
standards  on  funding  for  civil  society  organisations’243.  In  line  with  the  commitment  in  the 
coalition agreement244, the Government intends to come forward with legislation to clarify the 
current  situation  in  2023245,  but  no  concrete  steps  have  been  taken  so  far.  While  the 
administrative  decree  adopted  in  January  2022246  appears  to  have  brought  improvements 
primarily for civil society organisations (CSOs) engaging in occasional activities that could be 
considered political247, stakeholders note that certain terms in the decree are insufficiently clear 
and create new challenges in practice248. Moreover, CSOs confirm that challenges persist in 
practice due to the currently applicable legislation beyond the scope of this decree249 and that 
CSOs increasingly face threats and legal action by political opponents who aim to prevent them 
from  participating  to  public  debate  by  threatening  a  loss  of  the  public-benefit  status250.  A 
representative survey of CSOs published in March 2023 shows that 5% of CSOs indicate that 
they would like to be more politically active but refrain out of fear of losing their public benefit 

239  The SCA in particular encouraged the German Institute for Human Rights to advocate for amendments to that 
would  strengthen  its  protection  mandate,  including  its  capacity  to  monitor  and  have  access  to  places  of 
deprivation of liberty, to access classified documents, and to visit certain facilities. 2022 Rule of Law Report, 
Country Chapter on the rule of law situation in Germany, p. 24 and Contribution from ENNHRI for the 2023 
Rule of Law Report, p. 268. 

240  The Institute may only participate in hearings when invited by a political party. Contribution from ENNHRI 

for the 2023 Rule of Law Report, p. 266. 

241  Ibid. 
242  Information  received  from  the  German  Institute  of  Human  Rights  in  the  context  of  the  country  visit  to 

Germany. 

243  2022 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2.  
244  Coalition Agreement 2021-2025, p. 117. 
245  Allianz für Rechtssicherheit, 29 September 2022, Minister Paus announces comprehensive reform of law on 

charitable organisations in 2023.  

246  Ministry  of  Finance  (2022),  Revision  of  the  administrative  decree  on  the  Fiscal  Code.  2022  Rule  of  Law 

Report, Country Chapter on the rule of law situation in Germany, p. 24.  

247  Contribution from Allianz für Rechtssicherheit for the 2023 Rule of Law Report, p. 19.  
248  Allianz  für Rechtssicherheit, clarification on ‘political means’ in administrative decree on the Fiscal Code. 
Also, the decree includes limited examples of activity that is permissible which may lead to an interpretation 
that not-listed activities are not permissible. Contribution from Civil Liberties Union for Europe (Germany) 
for the 2023 Rule of Law Report, p. 19.   

249  Contributions from European Civil Liberties Union for Europe (Germany), p. 19, European Civic Forum – 
Germany pp.4-5, ENNHRI (Germany) pp. 270-272 and Allianz für Rechtssicherheit, p. 19, for the 2023 Rule 
of Law Report. Franet (2023), Country research - Legal environment and space of civil society organisations 
in supporting fundamental rights – Germany, pp. 4-5..  

250  Contribution from Civil Liberties Union for Europe (Germany) for the 2023 Rule of Law Report, p. 19.  

27 

 
                                                           
status251. Council of Europe recommendations underline that any form of public support for 
NGOs should be governed by clear and objective criteria252. As no concrete reform has been 
taken  forward  and  challenges  in  practice  persist,  no  progress  was  yet  made  on  the 
implementation of the 2022 recommendation so far.  

A  new  draft  ‘democracy  promotion’  law  aims  to  provide  more  long-term,  age 
independent and more needs-based federal funding to civil society projects on democracy, 
pluralism and political education. Civil society space continues to be considered as ‘open’253, 
though stakeholders note certain  instances of attacks against civil  society  and activists both 
online  and  physically,  for  example  in  the  context  of  climate-related  protests254.  On  14 
December 2022, the Government presented a draft ‘democracy promotion law’255, which aims 
to  provide  more  long-term  project  funding  in  the  fields  of  democracy,  promoting  societal 
pluralism,  extremism  prevention  and  political  education.  It  will  create  an  explicit  federal 
mandate  to  support  such  projects  if  they  are  of  nationwide  interest.  Currently,  the  Federal 
Government can often only fund pilot projects on a yearly basis and for youth-related projects. 
The  volume  covered  by  the  federal  funding  programme  ‘Demokratie  Leben’  has  also  been 
increased  to  EUR  182  million256.  Stakeholders  have  generally  welcomed  the  draft  law  as 
providing more sustainable funding257, though they have criticised that benefitting from  the 
public benefit status for tax exemptions is a condition to receive funding, given the persisting 
challenges  in  this  respect258.  The  law  foresees  that  CSOs  which  have  not  yet  received  this 
designation, can prove through other means that their goals are generally compatible with the 
public  benefit  status259.  The  law  is  now  under  consideration  in  Parliament.  As  a  separate 
initiative, the commitment in the coalition agreement for a national engagement strategy260 will 
be  taken  forward  by  the  Federal  Foundation  for  Engagement  and  the  national  network  of 
voluntary  associations,  who  will  launch  a  participatory  process  for  elaborating  such  a 
strategy261.  

251  These  figures  are  in  particular  high  for  organisations  active  in  the  field  of  environmental  issues  (11%), 
international solidarity (10%) and media (9%). ZivizSurvey 2023: Civil Society in times of crisis: politically 
active with weakened foundations. 

252  Recommendation Rec(2007)14 of the Committee of Ministers of the Council of Europe on the legal status of 

non-governmental organisations in Europe, para 58. 

253  Rating  given  by  Civicus,  Germany.  Ratings  are  on  a  five-category  scale  defined  as:  open,  narrowed, 

obstructed, repressed and closed. 

254  Contribution from European Civic Forum (Germany) for the 2023 Rule of Law Report, p. 6 and contribution 

from Civil Liberties Union for Europe (Germany), for the 2023 Rule of Law Report, pp. 18-22.  

255  Draft law to strengthen measures to promote democracy, shape diversity, prevent extremism and for political 

education. 

256  Federal Budget 2023 – Ministry for Family, Seniors, Women and Youth, p. 19.  
257  Contribution from the European Network of National Human Rights Institutions (Germany) for the 2023 Rule 
of Law Report, p. 13-14 and Contribution from European Civic Forum (Germany) for the 2023 Rule of Law 
Report, p. 10.   

258  Contribution from Allianz für Rechtssicherheit for the 2023 Rule of Law Report, p. 20.  
259  §5 point 2 of the draft law.  
260  Coalition Agreement 2021-2025, p. 117.  
261  Information received from Bundesnetzwerk Bürgerschaftliches Engagement in the context of the country visit 

to Germany.  

28 

 
                                                           
Annex I: List of sources in alphabetical order*  

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
found 
stakeholder-consultation_en.  

be 

at 

3rd  Amending  Treaty  to  the  State  Media  Treaty  (Dritter  Medienänderungsstaatsvertrag,  2022), 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Beschluesse/3_MAES
tV_final_Druckfassung.pdf. 

Abgeordnetenwatch  (2021),  ‘Many  representatives  breached  transparency  rules’  (Zahlreiche 
Transparenzvorschriften) 
Abgeordnete 
https://www.abgeordnetenwatch.de/recherchen/nebentaetigkeiten/zahlreiche-abgeordnete-verstiessen-
gegen-transparenzvorschriften. 

verstießen 

gegen 

Abgeordnetenwatch (7 July 2022), Members of Parliament as lobbyists (Abgeordnete als Lobbyisten), 
https://www.abgeordnetenwatch.de/recherchen/lobbyismus/abgeordnete-als-lobbyisten   

Abgeordnetenwatch (26 February 2022), Members of Parliament breached transparency rules a hundred 
times – without consequences (‚Abgeordnete verstießen hundertfach gegen Transparenzvorschriften – 
ohne  Konsequenzen‘),  https://www.abgeordnetenwatch.de/recherchen/nebentaetigkeiten/abgeordnete-
verstiessen-hundertfach-gegen-transparenzvorschriften-ohne-konsequenzen.  

Abgeordnetenwatch  (19  January  2023),  A  patchwork:  The  insufficient  lobby  register  rules  of  the 
Laender  (‚Ein  Flickenteppich:  Die  unzureichenden  Lobbyregister-Regelungen  der  Bundesländer‘), 
https://www.abgeordnetenwatch.de/kampagnen/ein-flickenteppich-die-unzureichenden-lobbyregister-
regelungen-der-bundeslaender .  

Abgeordnetenwatch  (30  November  2022),  Intransparent  lobby  contacts  of  members  of  Parliament, 
hardly any controls of the rules: report of the Council of Europe criticising Germany again due to the 
lack of reforms  (‘Intransparente Lobbykontakte von Abgeordneten, kaum Regelkontrollen: Bericht des 
Reformen’), 
erneut 
Europarats 
https://www.abgeordnetenwatch.de/kampagnen/intransparente-lobbykontakte-von-abgeordneten-
kaum-regelkontrollen-bericht-des-europarats-kritisiert-deutschland-erneut-wegen-mangelnder . 

Deutschland 

mangelnder 

kritisiert 

wegen 

Abgeordnetenwatch  (7  July  2022),  Second  incomes,  Members  of  Parliament  as  lobbyists  
Lobbyisten’), 
Abgeordnete 
(‘Nebentätigkeiten, 
https://www.abgeordnetenwatch.de/recherchen/lobbyismus/abgeordnete-als-lobbyisten . 

als 

Allianz für Rechtssicherheit (29 September 2022), Minister Paus announces comprehensive reform of 
in  2023,  (Ministerin  Paus  kündigt  umfasssende  Reform 
law  on  charitable  organisations 
Gemeinnützigkeit 
https://www.zivilgesellschaft-ist-gemeinnuetzig.de/paus-kuendigt-
2023 
modernisierung-gemeinnuetzigkeit-2023-an/.  

an), 

Allianz für Rechtssicherheit, Clarification on ‘political means‘ in administrative decree on the Fiscal 
Code,  (Klarstellung  zu  politischen  Mitteln  im  Anwendungserlass)  https://www.zivilgesellschaft-ist-
gemeinnuetzig.de/aeao-klarstellung-zu-politischen-mitteln/.  

Allianz für Rechtssicherheit (2023), Contribution from Allianz für Rechtssicherheit for the 2023 Rule 
of Law Report. 

Bavarian State Chancellery (2023), State government decides ‘4-point programme for the improvement 
of  the  protection  of  journalists  in  Bavaria’  (Press  release  No  170),  (Staatsregierung  beschließt  „4-
Punkte-Programm  zur  Verbesserung  des  Schutzes von  Journalistinnen und Journalisten in  Bayern), 
https://www.bayern.de/bericht-aus-der-kabinettssitzung-vom-23-mai-2023/.  

Bundesgerichtshof,  Decision  of  5  July  2022  (‚Beschluss  vom  5  Juli  2022‘),  StB  7-9/22, 
https://juris.bundesgerichtshof.de/cgi-
bin/rechtsprechung/document.py?Gericht=bgh&Art=pm&Datum=2022&nr=130580&linked=bes&Bl
ank=1&file=dokument.pdf .  

29 

 
Bundesregierung,  E-legislative  procedures  at  the  federal  level  (‚E-Gesetzgebungsverfahren  des 
Bundes‘), 
https://www.cio.bund.de/Webs/CIO/DE/digitale-loesungen/it-
konsolidierung/dienstekonsolidierung/it-massnahmen/e-gesetzgebung/e-gesetzgebung-node.html   

Bundesregierung,  Project 
innovativ.de/DE/Gesetzgebung/Projekt_eGesetzgebung/projekt_E_gesetzgebung_node.html. 

(Projekt  E-Gesetzgebung),  https://www.verwaltung-

e-legislation 

Bundestag (2022), Reply of the German Federal Government to a Parliamentary Question on attacks 
on media professionals in the context of pandemic-related protests (Angriffe auf Medienschaffende im 
20/949), 
Kontext 
https://dserver.bundestag.de/btd/20/009/2000949.pdf. 

pandemiebezogenen 

Drucksache 

Protesten, 

von 

Bundestag  (2023),  Amendment  of  the  Lobby  Register  Law  (Änderung  des  Lobbyregistergesetzes), 
https://www.bundestag.de/dokumente/textarchiv/2023/kw25-de-lobbyregister-953426.  

Bundestag (2023), Reply of the German Federal Government to a Parliamentary Question on attacks 
on  media  professionals  (Angriffe  auf  Medienschaffende,  Bundestag  Drucksache  20/5934), 
https://dserver.bundestag.de/btd/20/059/2005934.pdf. 

Bundestag (2023), Reply of the German Federal Government to a Parliamentary Question on payments 
by federal ministries to journalists from the public service broadcasters and private media (Zahlungen 
von  Bundesministerien  an  Journalisten  des  öffentlich-rechtlichen  Rundfunks  und  privatrechtlicher 
Medien, Drucksache 20/5822), https://dserver.bundestag.de/btd/20/058/2005822.pdf. 

Bundestag  –  press  release  (17  February  2023),  Federal  Council  of  the  Laender  does  not  approve 
whistleblower 
zu), 
https://www.bundestag.de/presse/hib/kurzmeldungen-934750 .  

Hinweisgeberschutzgesetz 

(Bundesrat 

stimmt 

nicht 

law 

Bundestag  (16  December  2022),  Better  protection  for  whistleblowers  at  the  work  place  agreed 
(‚Besserer  Schutz 
im  beruflichen  Umfeld  beschlossen‘), 
für  hinweisgebende  Personen 
https://www.bundestag.de/dokumente/textarchiv/2022/kw50-de-hinweisgeber-
926806#:~:text=federf%C3%BChrenden%20Rechtsausschuss%20%C3%BCberwiesen.-
,Gesetzentwurf%20der%20Bundesregierung,auch%20externe%20Meldestellen%20eingerichtet%20w
erden .  

Bundestag, Lobbyregister, Information for interest representatives (Lobbyregister, Informationen für 
Interessenvertreter), 
Interessenvertreterinnen 
https://www.lobbyregister.bundestag.de/informationen-und-hilfe/informationen-fuer-
interessenvertreter-863572#WerLo. 

und 

Bundesverfassungsgericht (24 January 2023), Lifting of ‚absolute ceiling‘ for party finance tye the state 
is unconstitutional (Anhebung der “absoluten Obergrenze” fuer die Staatliche Parteienfinanzierung ist 
verfassungswidrig) 
, 
Statement 
https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2023/bvg23-009.html   

9/2023 

Press 

No. 

Centre for Media Pluralism and Media Freedom (2022), Media Pluralism Monitor 2022. 

Centre for Media Pluralism and Media Freedom (2023), Media Pluralism Monitor 2023. 

Civicus, Monitor tracking civic space – Germany, https://monitor.civicus.org/country/germany/. 

Civil Liberties Union for Europe (2023), Contribution from Civil Liberties Union for Europe (Germany) 
for the 2023 Rule of Law Report.  

Commission  for  the  determination  of  concentration  in  the  media  sector  (KEK,  Kommission  zur 
Ermittlung der Konzentration im Medienbereich) (2022), Media concentration (Medienkonzentration), 
https://www.kek-online.de/medienkonzentration. 

Conference  of  the  Justice  Ministers  (2022),  Strengthening  of  the  rule  of  law  as  joint  tasks  – 
consolidation  of  the  pact  for  the  rule  of  law  and  new  digital  pact  for  the  judiciary,  (Stärkung  des 
Rechtsstaats  als  Gemeinschaftsaufgabe  -  Verstetigung  des  Paktes  für  den  Rechtsstaat  und  neuer 

30 

 
Digitalpakt 
https://www.justiz.nrw.de/JM/jumiko/beschluesse/2022/Herbstkonferenz_2022/TOP-I_16---Pakt-
fuer-den-Rechtsstaat.pdf.  

die 

für 

Justiz) 

Conference of the Justice Ministers (2022), Reducing access barriers by enabling electronic submission 
(Abbau  von  Zugangsbarrieren  durch  die  Ermöglichung  einer  digitalen 
of  applications 
Rechtsantragstellung), 
https://www.justiz.nrw.de/JM/jumiko/beschluesse/2022/Herbstkonferenz_2022/TOP-I_10---Digitale-
Rechtsantragstellung.pdf.  

Conference  of  the  Justice  Ministers  (2022)  Decisive  Action  against  Extremists  in  Civil  Service, 
(Entschlossenes  Vorgehen  gegen  Extremistinnen  und  Extremisten 
im  öffentlichen  Dienst) 
https://www.justiz.nrw/JM/jumiko/beschluesse/2022/Herbstkonferenz_2022/TOP-I_19---
Extremisten.pdf.  

Constitutional Court, Order of the First Senate of 20 July 2021 - 1 BvR 2756/20. 

Constitutional Court, Judgment of 24 January 2023, 2 BvF 2/18.  

Constitutional Court (2023), Contribution from the Constitutional Court in the context of the country 
visit to Germany.  

Correctiv  (2022),  Export champion  Germany  –  the corruption file  (Exportmeister  Deutschland:  Die 
https://correctiv.org/aktuelles/korruption/2022/03/10/exportmeister-deutschland-
Korruptions-Akte) 
die-korruptions-akte/.  

Council of Europe: Committee of Ministers (2000), Recommendation Rec(2000)19 of the Committee of 
Ministers on the role of public prosecution in the criminal justice system.  

Council of Europe: Committee of Ministers (2007), Recommendation Rec(2007)14 of the Committee of 
Ministers of the Council of Europe on the legal status of non-governmental organisations in Europe.  

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.  

Council of Europe (2023), Platform to promote the protection of journalism and safety of journalists –
Germany, https://fom.coe.int/en/pays/detail/11709520. 

Deutscher  Bundestag  (September  2022),  Rules  of  conduct  for  members  of  the  German  Parliament 
(Verhaltensregeln 
Bundestages), 
https://www.bundestag.de/resource/blob/194754/587380ffe13174071810677313667ea0/web_Verhalt
ensregeln_2021-data.pdf  . 

Deutschen 

Mitglieder 

des 

für 

Die Zeit (22 December 2022), Financial Intelligence Unit: Nice and clean please (Financial Intelligence 
Unit:  Bitte  schön  sauber),  https://www.zeit.de/2022/53/financial-intelligence-unit-geldwaesche-
bekaempfung?utm_referrer=https%3A%2F%2Fwww.google.de%2F.  

(Zivilgesellschaftliches  Bündnis  warnt:  EU-Richtlinie 

dju in ver.di (2023), Civil society alliance warns: EU directive on protection against SLAPP lawsuits 
under 
vor 
threat 
Einschüchterungsklagen 
Gefahr), 
https://dju.verdi.de/++file++64130736050df36b07ecf53f/download/PressemitteilungFinal_No-
SLAPP-Bu%CC%88ndnis_%20Warnung%20vor%20Verwa%CC%88sserung%20von%20Anti-
SLAPP%20Schutz.pdf.   

Schutz 

zum 

in 

Draft  Law  of the  Federal  Government  for  a law  for the  digital  documentation of  the  main  criminal 
hearings (Gesetzesentwurf der Bundesregierung für ein Gesetz Gesetz zur digitalen Dokumentation der 
strafgerichtlichen 
Hauptverhandlung), 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/DE/DokHVG_Hauptverhandlungsdokume
ntationsgesetz.html;jsessionid=AA14F6546411F2A828FD98F510BBCCF4.1_cid324.  

31 

 
Draft 
https://dserver.bundestag.de/btd/20/034/2003442.pdf.  

whistleblower 

law 

on 

protection 

(Hinweisgeberschutzgesetz), 

Draft law to accelerate Act to Accelerate Disciplinary Procedures in the Federal Administration, (Gesetz 
zur  Beschleunigung  der  Disziplinarverfahren  in  der  Bundesverwaltung  und  zur  Änderung  weiterer 
Vorschriften), 
dienstrechtlicher 
https://www.bmi.bund.de/SharedDocs/gesetzgebungsverfahren/DE/GE-Reform-BDG.html.  

Draft law to improve the protection of professional civil service in Brandenburg against opponents of 
the Constitution, (Gesetz zur Verbesserung des Schutzes des Berufsbeamtentums in Brandenburg vor 
Verfassungsgegnern),https://www.parlamentsdokumentation.brandenburg.de/starweb/LBB/ELVIS/pa
rladoku/w7/drs/ab_6100/6164.pdf  

Draft law to strengthen measures to promote democracy, shape diversity, prevent extremism and for 
political education, (Entwurf eines Gesetzes zur Stärkung von Maßnahmen zur Demokratieförderung, 
Vielfaltgestaltung, 
Bildung)  
https://www.bmfsfj.de/resource/blob/207618/74e22fd6031602da1157b0cb0386a426/gesetzesentwurf-
demokratiefoerdergesetz-data.pdf 

Extremismusprävention 

politischen 

und 

Draft  proposal  to  promote  the  use  of  video  conferencing  technology  in  civil  and  specialized 
jurisdictions, (Entwurf eines Gesetzes zur Förderung des Einsatzes von Videokonferenztechnik in der 
Zivilgerichtsbarkeit 
Fachgerichtsbarkeiten), 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/RefE_%20Videokonferenztech
nik.pdf?__blob=publicationFile&v=3  

und 

den 

EU Affairs Committee of the Conference of Justice Ministers (2023), Written contribution from the EU 
Affairs Committee of the Conference of Justice Ministers in the context of the country visit to Germany.  

European Civic Forum (2023), Contribution from the European Civic Forum (Germany) for the 2023 
Rule of Law Report.  

European Commission (2020), 2020 Rule of Law Report, Country chapter on the rule of law situation 
in Germany.  

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Germany. 

European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Germany. 

European Commission (2023), 2023 EU Justice Scoreboard.  

Explanatory statement on the 3rd Amending Treaty to the State Media Treaty (Begründung zum Dritten 
Medienänderungsstaatsvertrag, 
2022), 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Beschluesse/3_MAES
tV_Begruendung_final.pdf. 

Federal Budget 2023 – Ministry for Family, Seniors, Women and Youth, (Bundeshaushaltsplan 2023, 
Bundesministerium 
Jugend), 
Frauen 
https://www.bundeshaushalt.de/static/daten/2023/soll/epl17.pdf#page=18.  

Senioren, 

Familie, 

und 

für 

Franet, German Institute for Human Rights,(2023), Country research - Legal environment and space of 
civil  society  organisations  in  supporting  fundamental  rights  –  Germany,  Vienna,  EU  Agency  for 
Fundamental Rights, https://fra.europa.eu/en/country-data/2023/civic-space-report-2023.   

Frankfurter  Allgemeine  Zeitung 
https://www.faz.net/aktuell/feuilleton/medien/bild-und-welt-springer-chef-mathias-doepfner-streicht-
stellen-18712905.html. 

(2023),  Döpfner’s 

(Döpfners  Radikalkur), 

radical  cure 

32 

 
Frankfurter  Allgemeine  (31  December  2022),  Buschmann  intends  to  clean  out  the  criminal  law 
(Buschmann  will  das  Strafrecht  ausmisten),  https://www.faz.net/aktuell/politik/inland/justizminister-
buschmann-will-das-strafrecht-ausmisten-18570193.html. 

German Association of Judges, 10 Principles for a new approach to judicial salaries, (10 Leitsätze zur 
Besoldung),  
der 
Neuordnung 
https://www.drb.de/fileadmin/DRB/pdf/Besoldung/2107_10_Leitsaetze_zur_Neuordnung_der_Besold
ung_A5_1_01.pdf. 

German Association of Judges, response to the consultation on the draft for a federal salary and pension 
adequacy 
und-
(Stellungnahme 
versorgungsangemessenheitsgesetzes), 
https://www.drb.de/positionen/stellungnahmen/stellungnahme/news/5-2023. 

Bundesbesoldungs- 

Entwurf 

eines 

law, 

zum 

German Association of Judges, Sample cases judicial salaries Germany, (Musterfälle R-Besoldung in 
Deutschland), 
https://www.richterbesoldung.de/fileadmin/Richterbesoldung/Dokumente/2022/DRB_Musterberechn
ung_R-Besoldung_2022_Tabelle.pdf.  

German Association of Judges (2023),  Contribution from the German Association of Judges for the 
2023 Rule of Law Report.  

German Bar Association, 13 March 2023, Short deadlines render stakeholder consultation pointless, 
(Verbändeanhörung: 
absurdum), 
https://anwaltverein.de/de/newsroom/verbaendeanhoerung-kurze-fristen-fuehren-prozess-ad-
absurdum.  

Prozess 

Fristen 

führen 

Kurze 

ad 

German Bar Association (2023), Contribution from the German Bar Association for the 2023 Rule of 
Law Report.  

German  Federal  Bar  (2023),  Contribution  from  the  German  Federal  Bar  for  the  2023  Rule  of  Law 
Report.  

German Federal Administrative Court, judgment of 7 July 2021, 2 C 2/21.  

German Federal Criminal Police Office (15 September 2022), Federal Situation Report Corruption 2021 
2021), 
(Bundeslagebild 
https://www.bka.de/DE/AktuelleInformationen/StatistikenLagebilder/Lagebilder/Korruption/korrupti
on_node.html.   

Korruption 

German  Federal  Criminal  Police  Office  (21  September  2022),  Federal  Situation  Report  Organised 
2021), 
Crime 
https://www.bka.de/DE/AktuelleInformationen/StatistikenLagebilder/Lagebilder/OrganisierteKrimina
litaet/organisiertekriminalitaet_node.html. 

(Bundeslagebild 

Kriminalitaet 

Organisierte 

2021 

German  Federal  Parliament  (2022),  Handbook  for  interest  representatives  to  register  in  the  lobby 
register  (Handbuch  für  Interessenvertreterinnen  und  Interessenvertreter  zur  Eintragung  in  das 
Lobbyregister), 
https://www.bundestag.de/resource/blob/871508/3d2a9ad7b473bc8c5b986c67c8e29897/Handbuch-
data.pdf.  

German Government (2023), Input for the 2023 Rule of Law Report.  

German Judges’ Magazine (2/23), No Chance for Extremists, (Keine Chance für Extremisten).  

GRECO (2017), Fourth Evaluation Round Compliance Report on Germany on corruption prevention 
in respect of members of parliament, judges and prosecutors.  

GRECO (2019), Fifth Evaluation Round, Evaluation Report on Germany on Preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies. 

33 

 
GRECO  (2019),  Third  Evaluation  Round,  Second  Addendum  to  the  Second  Compliance  Report  on 
Germany on transparency of party funding.    

GRECO  (2022),  Fourth  Evaluation  Round,  Second  Interim  Compliance  Report  on  Germany  on 
corruption prevention in respect of members of parliament, judges and prosecutors. 

GRECO (2023), Fifth evaluation round, Compliance Report on Germany on preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies. 

Handelsblatt  (23  February  2023),  Government  coalition  intends  to  ease  lobby  rules  for  non-profit 
fuer  gemeinnuetzige  Organisationen  entschaerfen), 
organisations 
https://www.handelsblatt.com/politik/deutschland/umgang-mit-spenden-ampel-will-lobbyregeln-fuer-
gemeinnuetzige-organisationen-entschaerfen/28997386.html .  

(Ampel  will  Lobbyregeln 

Higher Administrative Court of North-Rhine Westphalia (2022), Annual Report 2022 (Jahresbericht 
2022), https://www.ovg.nrw.de/behoerde/presse/jahrespressegespraeche/Jahresbericht-2022.pdf.  

Joint Report by the Federal Government and the Länder on the implementation of the measures for the 
Pact  for  the  rule  of  law,  (Gemeinsamer  Bericht  von  Bund  und  Ländern  über  die  Umsetzung  der 
vereinbarten Maßnahmen des MPK- Beschlusses vom 31. Januar 2019 zum Pakt für den Rechtsstaat), 
https://www.bmj.de/SharedDocs/Downloads/DE/News/PM/210610_Bericht_PaktRechtsstaat.pdf;jses
sionid=F1E10521090D8C70932458E4D112D7B8.2_cid289?__blob=publicationFile&v=1.  

Legal Tribune Online (10 May 2023), Whistleblower Law could still come in mid-June (Whistleblower-
Gesetz  koennt  noch  Mitte  Juni  kommen),  https://www.lto.de/recht/nachrichten/n/einigung-
vermittlungsausschuss-whistleblower-hinweisgeber-schutz-gesetz/.  

Legislative proposal of the Federal Parliament for the Amendment of the Lobby Register (20/7346) 
(Entwurf 
Lobbyregistergesetzes), 
https://dserver.bundestag.de/btd/20/073/2007346.pdf.  

Änderung 

Gesetzes 

eines 

des 

zur 

LobbyControl  (2021),  Lobbying  undermines  democracy  –  Ten  theses,  (Lobbyismus  höhlt  die 
Demokratie  aus:  Zehn  Thesen)  https://www.lobbycontrol.de/lobbyismus-hoehlt-die-demokratie-aus-
zehn-thesen/.  

LobbyControl  (2021),  The  lobby  register  is  coming  –  Our  evaluation,  (Das  Lobbyregister  kommt  – 
Unsere Auswertung) https://www.lobbycontrol.de/2021/03/das-lobbyregister-kommt/.  

LobbyControl 
January  2023),  One  year 
https://www.lobbycontrol.de/lobbyregister/ein-jahr-lobbyregister-105729/   

register 

lobby 

(2 

(Ein  Jahr  Lobbyregister), 

LobbyControl,  Nebeneinkünfte 
https://www.lobbycontrol.de/nebeneinkuenfte/bundestagsabgeordnete-nebeneinkuenfte-noch-immer-
nicht-oeffentlich-101272/.  

(6  September 

öffentlich 

immer 

nicht 

noch 

2022), 

Media  Freedom  Rapid  Response  (2021),  Mapping  Media  Freedom  –  Monitoring  Report  2021, 
https://www.ecpmf.eu/wp-content/uploads/2022/02/MFRR-Monitoring-Report.pdf. 

Media  Freedom  Rapid  Response  (2022),  Mapping  Media  Freedom  –  Monitoring  Report  2022, 
https://www.mappingmediafreedom.org/wp-content/uploads/2023/02/MFRR-Monitoring-Report-
2022.pdf. 

Ministry of Finance (2022), Revision of the administrative decree on the Fiscal Code, (Änderung des 
Anwendungserlasses 
Abgabenordnung) 
https://www.bundesfinanzministerium.de/Content/DE/Downloads/BMF_Schreiben/Weitere_Steuerth
emen/Abgabenordnung/AO-Anwendungserlass/2022-01-12-aenderung-des-anwendungserlasses-zur-
abgabenordnung-AEAO.pdf?__blob=publicationFile&v=2.  

zur 

Ministry  of  Finance  (29  March  2023),  Press  release:  Financial  Intelligence  Unit  (FIU)  gets  new 
Leiter), 
Unit 
leadership 

Intelligence 

(Financial 

bekommt 

neuen 

(FIU) 

34 

 
https://www.bundesfinanzministerium.de/Content/DE/Pressemitteilungen/Finanzpolitik/2023/03/2023
-03-29-financial-intelligence-unit-bekommt-neuen-leiter.html  .  

Ministry  of  the  Interior  (2021),  Integrity  in  the  public  administration  –  Annual  Report  2020, 
https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/moderne-
verwaltung/integritaet-der-verwaltung/integritaetsbericht-
2021/integritaetsbericht2021.pdf?__blob=publicationFile&v=3  

Ministry of Justice (2023) Decline in civil court filings: Research report handed over to the Federal 
Ministry of Justice (Rückgang der Eingangszahlen bei den Zivilgerichten: Forschungsbericht an das 
Bundesjustizministerium 
übergeben), 
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n_Zivilgrichte.html. 

Ministry of Justice (2022), Press statement, Better protection for whistleblowers, (Besserer Schutz für 
Hinweisgeber), 
https://www.bmj.de/SharedDocs/Artikel/DE/2022/0413_Hinweisgeberschutzgesetz.html.    

Ministry of Justice (2023), Draft for a sixth law to amend the German Judges Law (Sechstes Gesetz zur 
Änderung 
Richtergesetzes), 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/DE/Aenderung_DRiG_6.html;jsessionid=F
DA1233EE6FE244DFECC3B62067EC614.2_cid297. 

Deutschen 

des 

Ministry of Justice (2023) Law on the introduction of a preliminary ruling  procedure at the Federal 
Court of Justice (Gesetz zur Einführung eines Leitentscheidungsverfahrens beim Bundesgerichtshof), 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/DE/Leitentscheidungsverfahren.html.  

Ministry of Justice (2023) Law to promote videoconferencing in civil and specialised courts (Gesetz 
zur  Förderung  des  Einsatzes  von  Videokonferenztechnik  in  der  Zivilgerichtsbarkeit  und  den 
Fachgerichtsbarkeiten), 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/DE/Videokonferenztechnik.html?nn=6705
022. 

Ministry of Justice (2023),  legislative procedure for the draw law on digital documentation in main 
proceedings in criminal cases, (Gesetzgebungsverfahren zum Gesetz zur digitalen Dokumentation der 
Hauptverhandlung), 
strafgerichtlichen 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/DE/DokHVG_Hauptverhandlungsdokume
ntationsgesetz.html.  

Ministry of Justice (2023), Written contribution from the Ministry of Justice in the context of the country 
visit to Germany.  

OECD (2021), Working Group on Bribery, Implementing the OECD Anti-Bribery Convention, Phase 
4  -  Two  Year  Follow-Up  Report  Germany,  https://www.oecd.org/daf/anti-bribery/germany-phase-4-
follow-up-report.pdf.  

Public consultation on the transformation of the public procurement law (Öffentliche Konsultation zur 
Transformation 
Vergaberechts), 
des 
https://www.bmwk.de/Redaktion/DE/Artikel/Service/Gesetzesvorhaben/oeffentliche-konsultation-
zur-transformation-des-vergaberechts.html.  

Otto Brenner Foundation (2023), Study on the role of civil society in Expert Panels, (Studie zur Rolle 
der  Zivilgesellschaft  in  Beratungsgremien),  https://www.otto-brenner-stiftung.de/zivilgesellschaft-in-
sachverstaendigengremien/.  

(2023), 

Council 

Press 
https://www.presserat.de/jahresberichte-
statistiken.html?file=files/presserat/bilder/Downloads%20Jahresberichte/DPRE-2022-
02403_Jahresbericht%202022_BF.pdf. 

Annual 

Report 

2022, 

(Jahresbericht 

2022), 

35 

 
Report  of  the  expert  group  on  documentation  in  main  proceedings  of  criminal  cases,  (Bericht  der 
Expertengruppe 
Strafverfahren),  
der 
https://www.bmj.de/SharedDocs/Downloads/DE/News/PM/0701_Dokumentation_Hauptverhandlung.
pdf;jsessionid=B59D3F681976B0C72B5D05CBE2386E88.2_cid289?__blob=publicationFile&v=1. 

Hauptverhandlung 

Dokumentation 

zur 

in 

Report on investigations and sanctions by the President of the Bundestag (Bericht der Präsidentin des 
Deutschen  Bundestages  nach  §  51  Absatz  6  des  Abgeordnetengesetzes)  (23.  September  2022), 
https://dserver.bundestag.de/btd/20/035/2003500.pdf.   

Reporters  Without  Borders  (2023),  A  second  constitutional  complaint  against  Germany's  Federal 
Intelligence Service Act, https://rsf.org/en/second-constitutional-complaint-against-germanys-federal-
intelligence-service-act.  

Reporters  Without  Borders  (2023),  New  constitutional  complaint  against  BND  act  (Neue 
Verfassungsbeschwerde gegen BND-Gesetz), https://www.reporter-ohne-grenzen.de/deutschland/alle-
meldungen/meldung/neue-verfassungsbeschwerde-gegen-bnd-gesetz. 

Revision  of  the  Judges’  Law  of  Bremen,  (Gesetz  zur  Neufassung  des  Bremischen  Richtergesetzes),  
https://www.bremische-buergerschaft.de/drs_abo/2023-02-16_Drs-20-1782_4d0b4.pdf  

Roland Rechtsreport 2023 (2023), https://www.roland-rechtsschutz.de/media/roland-rechtsschutz/pdf-
rr/042-presse-pressemitteilungen/roland-rechtsreport/roland_rechtsreport_2023.pdf.   

Society for Civil Rights (2023), GFF and Reporters Without Borders are again filing a constitutional 
complaint  against  the  BND  act  –  the  requirements  of  the  Federal  Constitutional  Court  have  been 
disregarded (GFF und Reporter ohne Grenzen erheben erneut Verfassungsbeschwerde gegen das BND-
Gesetz 
missachtet), 
https://freiheitsrechte.org/ueber-die-gff/presse/pressemitteilungen-der-gesellschaft-fur-
freiheitsrechte/pm-vb-bndg-2.  

Bundesverfassungsgerichts 

Vorgaben 

wurden 

des 

– 

SPD, The Greens and FDP (2021), Coalition Agreement 2021-2025 (Koalitionsvertrag 2021-2025), 
https://www.bundesregierung.de/resource/blob/974430/1990812/04221173eef9a6720059cc353d759a
2b/2021-12-10-koav2021-data.pdf?download=1. 

State Government of Rheinland-Pfalz (2023), Länder sign 3rd amending treaty to the State Media Treaty 
on the reform of public service broadcasting (Länder unterzeichnen 3. Medienänderungsstaatsvertrag 
Rundfunks), 
zur 
https://rundfunkkommission.rlp.de/rundfunkkommission-der-laender/reform-ard-zdf-
deutschlandradio. 

öffentlich-rechtlichen 

Reform 

des 

State Government of Rheinland-Pfalz (2023), Meeting of the Broadcasting Commission on 8 March 
2023 
2023) 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Beschluesse/2023-03-
08_BEschluss_RFK_TOP_1_Reform_OERR_Zukunftsrat.pdf. 

Rundfunkkommission 

(Sitzung 

März 

der 

am 

8. 

State Government of Rheinland-Pfalz (2023), The reform of public service broadcasting is progressing: 
more  transparency,  compliance,  stronger  governance  (Reform  des  Rundfunks  schreitet  voran:  mehr 
Transparenz, 
Gremienkontrolle), 
https://www.rlp.de/service/pressemitteilungen/detail/reform-des-rundfunks-schreitet-voran-mehr-
transparenz-compliance-staerkere-gremienkontrolle. 

Compliance, 

stärkere 

Statement by the German Association of Judges of 9 February 2022, ‘Make use of all legal means in 
case  Maier’, 
ausschöpfen‘), 
https://www.drb.de/newsroom/presse-mediencenter/pressemeldungen-auf-einen-
blick/pressemeldung/news/alle-rechtlichen-moeglichkeiten-im-fall-maier-ausschoepfen.   

rechtlichen  Möglichkeiten 

Fall  Maier 

('Alle 

im 

Statement  by  the  German  Association  of  Judges,  14  January  2023,  German  Association  of  Judges 
recalls  responsibility  of  the  Government  coalition  (Richterbund  sieht  Ampel  in  der  Pflicht), 
https://www.drb.de/newsroom/presse-mediencenter/nachrichten-auf-einen-
blick/nachricht/news/richterbund-sieht-ampel-in-der-pflicht.  

36 

 
Süddeutsche Zeitung (2023), RTL plans to cut 700 jobs at Gruner + Jahr (RTL plant Wegfall von 700 
Stellen  bei  Gruner  +  Jahr),  https://www.sueddeutsche.de/medien/medien-rtl-plant-wegfall-von-700-
stellen-bei-gruner-jahr-dpa.urn-newsml-dpa-com-20090101-230207-99-501738.  

Süddeutsche Zeitung (2 March 2023), Financial Intelligence Unit, Germany’s Anti-money laundering 
authority  drowns  in  chaos  (Financial  Intelligence  Unit,  Deutschlands  Anti-Geldwäsche-Behörde 
versinkt  im  Chaos),  https://www.sueddeutsche.de/wirtschaft/geldwaesche-financial-intelligence-unit-
christian-lindner-finanzministerium-1.5761105?reduced=true   

Tagesschau  (2022),  Wrong  accounts  and  faulty  contracts  (Falsche  Abrechnungen  und  fehlerhafte 
Verträge) https://www.tagesschau.de/investigativ/kontraste/rbb-zwischenbericht-101.html. 

TAZ  (2023),  Linda  Zervakis  at  Republica  (Linda  Zervakis  auf  der  Republica),  https://taz.de/Linda-
Zervakis-auf-der-Republica/!5908929/.  

T-Online  (2023),  Is  the  government  too  close?  (Ist  die  Regierung  zu  nah  dran?),  https://www.t-
online.de/nachrichten/deutschland/innenpolitik/id_100139730/ard-und-zdf-bundesregierung-zahlte-1-
5-mio-euro-an-journalisten.html. 

Transparency International Germany (2021), ‘Ancillary income: Hundreds of thousands of euros from 
MEPs remained undiscovered for years’ (‘Nebeneinkünfte: Hunderttausende Euro von Abgeordneten 
blieben  jahrelang  unentdeckt’)  https://www.transparency.de/aktuelles/detail/article/nebeneinkuenfte-
hunderttausende-euro-von-abgeordneten-blieben-jahrelang-unentdeckt/.   

Transparency International Germany (2021), ‘Lauterbach reports fees belatedly’(‘Lauterbach meldet 
Honorare  nach’)  https://www.transparency.de/aktuelles/detail/article/lauterbach-meldet-honorare-
nach/.   

Transparency International Germany (2021), ‘More than 20.000 euros: Özdemir has also forgotten to 
report special payments’ (Mehr als 20.000 Euro: Auch Özdemir hat vergessen, Sonderzahlungen zu 
melden) https://www.transparency.de/aktuelles/detail/article/mehr-als-20000-euro-auch-oezdemir-hat-
vergessen-sonderzahlungen-zu-melden/.  

Transparency International (2022), Finally protection for whistleblowers: the Federal Parliament adopts 
law 
Gesetz), 
Hinweisgebende: 
https://www.transparency.de/aktuelles/detail/article/default-a0dbf32ed3aa4d4c4ce96d3b6e85682b   

beschliesst 

Bundestag 

(Endlich 

Schutz 

für 

Transparency 
https://www.transparency.org/en/publications/exporting-corruption-2022 .  

International 

(2022), 

Exporting 

Corruption, 

Transparency International, Position paper for the public consultation on the transformation of public 
procurement  by  the  Federal  Ministry  of  Economics  and  Climate  Protection  (14  February  2023), 
https://www.transparency.de/fileadmin/Redaktion/Aktuelles/Stellungnahmen/2023/23-02-
14_Transparency_Deutschland_Stellungnahme_Vergabetransformationspaket-ohne_Unterschrift.pdf .  

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Transparency International (2023), Corruption Perceptions Index 2022.  

Transparency International Germany (2023), Contribution from Transparency International Germany 
for the 2023 Rule of Law Report.  

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Republic  and  Denmark  of  the  implementation  by  Germany  of  articles  15  -  42  of  Chapter  III 
“Criminalization and law enforcement” and articles 44 - 50 of Chapter IV “International cooperation” 
of  the  United  Nations  Convention  against  Corruption  for  the  review  cycle  2010  –  2015 
https://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2022_02_04_Germany
_Cycle_I_Country_Report_EN.pdf.  

37 

 
ZivizSurvey  (2023),  Civil  Society  in  times  of  crisis:  politically  active  with  weakened  foundations, 
(Zivilgesellschaft 
geschwächten  Fundamenten),  
https://www.ziviz.de/sites/ziv/files/ziviz-survey_2023_trendbericht.pdf. 

in  Krisenzeiten: 

aktiv  mit 

politisch 

38 

 
 
Annex II: Country visit to Germany 

The Commission services held virtual meetings in February and March 2023 with: 

  ARD 
  Association of Judges 
  Bundesnetzwerk Bürgerschaftliches Engagement (Network for Civil Engagement) 
  EU Affairs Committee of the Justice Ministers’ Conference 
  Federal Administrative Court 
  Federal Bar 
  Federal Constitutional Court 
  Federal Criminal Police, Anti-corruption unit 
  Federal Court of Justice 
  German Association of Judges 
  German Association of Journalists 
  German Bar Association 
  German Institute for Human Rights 
  German Publishers’ Association 
  German Union of Journalists 
  Gesellschaft für Freiheitsrechte 
  Joint Office of the Media Authorities 
  Lobbycontrol DE 
  Ministry of Justice 
  Ministry of Interior 
  Ministry of State for Culture and Media 
  Press Council  
  Prosecution Service 
  Transparency International Germany 
  ZDF 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 

ILGA Europe  

39 

 
 
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  

 
 
 
 
  JEF Europe  
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

40