COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Germany, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 805 final  COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report            The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

Several  initiatives  aimed  at  strengthening  the  resilience  of  the  German  judiciary  are  under 
way.  Discussions  are  on-going  about  a  possible  reform  to  enhance  the  resilience  of  the 
Constitutional  Court  by  including  certain  safeguards  in  the  Constitution.  The  Ministry  of 
Justice has presented a proposal  to  introduce further safeguards for the use of the power of 
Ministers  of  Justice  at  Federal  and  Länder  level  to  issue  instructions  to  prosecutors  in 
individual  cases.  Measures  to  further  promote  the  respect  of  constitutional  values  by  lay 
judges,  and  for  ordinary  judges  before  their  initial  appointment,  are  under  consideration  in 
Parliament. Some steps have been taken to supplement the overall resources for the judiciary 
through  additional  investments,  while  the  level  of  remuneration  of  judges  remains  a 
challenge. Digitalisation efforts in the judiciary are underpinned by a multi-annual investment 
programme  and  a  number  of  dedicated  legislative  initiatives.  However,  discussions  on  the 
proposal  to  introduce  digital  documentation  of  main  proceedings  in  criminal  cases  have 
stalled. The justice system overall continues to perform efficiently and measures to deal with 
so-called ‘mass’ civil cases are being discussed in Parliament. 

The update of Germany’s strategic anti-corruption framework for the federal administration 
remains pending. A number of legislative reforms increasing transparency and enhancing the 
prevention  of  corruption  entered  into  force,  including  the  lobby  register,  post-employment 
rules, whistleblower protection and political party and campaign finance. Work to establish a 
legislative  footprint  has  advanced  for  Ministers  but  is  still  lacking  for  the  Parliament. 
Shortcomings remain in the enforcement of conflicts of interest rules for parliamentarians and 
Government  officials.  A  criminal  law  reform  was  put  forward  to  criminalise  the  trading  in 
influence,  yet  only  when  committed  by  members  of  the  Parliament  and  under  certain 
circumstances. Amendments  of administrative offence provisions to  strengthen liability and 
sanctions of legal persons to fight foreign bribery more effectively are still outstanding. High-
level corruption is addressed without any systemic weaknesses identified. 

The framework regulating the state media authorities and media ownership transparency has 
remained stable;  in  addition, reflections on revising the media concentration framework are 
ongoing.  In  2023,  stronger  compliance  safeguards  for  public  service  broadcasters  were 
agreed, with a proposal for further reform of the system set to be presented in autumn 2024. 
While the Government maintains its plans to establish in law the right to information of the 
press as regards federal  authorities and plans to present a draft reform in 2024, no concrete 
further steps have been taken so far. Authorities and journalists cooperate to address risks to 
the  safety  of  journalists  in  the  exercise  of  their  work,  in  view  of  concerns  related  to  an 
increasingly hostile perception in society of journalists and media.  

As  regards  the  legislative  process,  timeframes  for  stakeholder  consultations  at  federal  level 
vary in  practice while the commitment to  create  a single portal  for all legislative proposals 
remains outstanding. The German Institute of Human Rights was re-accredited with A-status 
in  October  2023.  There  have  been  no  concrete  steps  taken  yet  to  address  the  uncertainty 
regarding the tax-exempt status of non-profit organisations, and practical  concerns resulting 
from this persist. In addition, the overall situation of civic space has seen some deterioration, 
with certain restrictions related to the right to protest being subject to judicial review. 

1 

 
 
 
 
RECOMMENDATIONS 

Overall,  concerning  the  recommendations  in  the  2023  Rule  of  Law  Report,  Germany  has 
made: 

•  Some progress on stepping 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.  

•  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  further  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.  

•  No  further  progress  on  advancing  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 document.  

•  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: 

•  Take  measures  to  ensure  an  adequate  level  of  remuneration  for  judges  and  prosecutors, 

taking into account European standards on remuneration for the justice system.  

•  Further  strengthen  the  ‘legislative  footprint’  by  disclosing  all  interest  representatives’ 
inputs  to  legislation  and  by  extending  the  scope  to  the  parliamentary  phase  of  the 
legislative procedure. 

•  Strengthen the  existing  rules on revolving doors  by increasing  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.  

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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, 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 is now high among the general 
public  and  remains  high  among  companies.  Overall,  72%  of  the  general  population  and 
69%  of  companies  perceive  the  level  of  independence  of  courts  and  judges  to  be  ‘fairly  or 
very  good’  in  20246.  The  perceived  judicial  independence  among  the  general  public  has 
decreased  in  comparison  with  2023  (77%),  as  well  as  with  2020  (76%).  The  perceived 

1   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. 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 51 and  53, 2024 EU Justice Scoreboard and Figures 50 and 52, 2022 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%). 

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judicial  independence  among  companies  has  decreased  in  comparison  with  2023  (71%),  as 
well as with 2020 (73%)7.  

Discussions  are  ongoing  about  a  possible  reform  to  enhance  the  resilience  of  the 
Constitutional Court by including certain safeguards in the Constitution.  According to 
the  current  legal  framework,  several  key  institutional  features  of  the  Constitutional  Court, 
such as the binding nature of its judgments, the number of its senates and judges, their term 
of  office  and  its  non-renewability,  as  well  as  the  election  of  its  judges  by  a  two-thirds 
majority  in  Parliament  (with  each  legislative  body  electing  one  half  of  the  judges),  are 
regulated only at the level of ordinary law8. This means that Parliament can change them by 
simple  majority.  In  November  2023,  the  Conference  of  the  Justice  Ministers  of  the  Länder 
decided  to  set  up  a  working  group  on  ‘resilient  rule  of  law’  (with  the  participation  of  the 
Federal Ministry of Justice) tasked with examining measures to avoid a possible weakening 
of  rule  of  law  safeguards9.  At  the  Justice  Ministers’  Conference  in  June  2024,  the  Länder 
discussed  the  working  group’s  report,  which  included  a  draft  law  to  enshrine  the  above-
mentioned elements in the Constitution10 and require the consent of the Bundesrat to change 
the  Law  on  the  Federal  Constitutional  Court11.  The  draft  also  includes  an  anti-deadlock 
mechanism according to which, in a situation where the Bundesrat or Bundestag respectively 
would not manage to elect a new judge within one year, the other chamber would elect the 
judge  instead12.  In  parallel,  high-level  political  talks  with  representatives  of  the  coalition 
parties  and  one  parliamentary  group  of  the  opposition  in  the  German  Bundestag  have  been 
ongoing  on  a  possible  Constitutional  Court  reform,  with  the  Federal  Ministry  of  Justice 
having  internally  prepared  draft  constitutional  amendments  in  March  2024,  as  a  basis  for 
further  discussion13.  The  Federal  President  has  called  for  reforms  to  better  protect  the 
Constitutional  Court  against  the  presence  of  extremist  parties  in  Parliament14.  The 

7   59% of the companies in Germany are either fairly or very confident that their investments are protected by 
the law and courts in the Member State. Only 15% of the surveyed companies see the quality, efficiency or 
independence of justice as one of the main reasons for concern about investment protection in the country. 
Figures 55 and 56, 2024 EU Justice Scoreboard. 

8   This  is  set  out  in  the  Law  on  the  Federal  Constitutional  Court.  The  Constitution  only  provides  for  the 
election of half of the judges each by the two chambers of Parliament (Article 94 of the Basic Law) and for 
the competences of the Constitutional Court.  

9   Conference of the Justice Ministers, Resilient Rule of law – how can the free, democratic basic order and its 
institutions be defended against enemies of the constitution? The preparations were inter alia taking place in 
consultation with two former Constitutional Court judges.  

10   Notably  the  draft  law  would  include  in  the  Constitution  the  binding  nature  of  the  Constitutional  Court’s 
judgments,  the  number  of  judges  and  senates,  their  election  by  two-thirds  majority,  the  length  of  their 
mandate  and  incompatibilities  with  certain  political  mandates.  This  means  that  in  the  future  a  two-thirds 
majority would be required to change these provisions. 

11   The Law on the Federal Constitutional Court is a federal law that can be adopted by the Federal Parliament 
without  requiring  explicit  approval  of  the  Federal  Council.  Conference  of  the  Justice  Ministers  (2024), 
Annex to the Report of the working group ‘resilient rule of law’ – draft of law to amend the Constitution.  
12   The  Venice  Commission  has  noted  that  the  procedure  for appointing  judges  to  the  Constitutional  Court  is 
among the most important and sensitive questions of constitutional adjudication and for the preservation of a 
credible system of the rule of constitutional law. It underlined the need to ensure both the independence of 
the  judges  of  the  Constitutional  Court  and  to  involve  different  state  organs  and  political  forces  in  the 
appointment process so that judges are seen as being more than the instrument of one or the other political 
force. Venice Commission, CDL-AD(2004)043, para. 18. See also Figure 66, 2024 EU Justice Scoreboard.  

13   Legal Tribune Online (2024), Ministry of Justice proposes amendment of the Constitution.  
14   Federal Government (2024), Speech of Federal President Dr. Frank-Walter Steinmeier. at the debate forum 
on  the  state  and  future  of  our  democracy  on  February  29th  in  Berlin  These  concerns  relate  i.a.  to  the 

4 

 
 
 
Constitutional  Court  itself  has  not  taken  a  position,  though  its  President  has  noted  the 
importance of a serene, careful and measured debate15. Stakeholders have broadly expressed 
support16  for  reform  efforts  to  improve  the  resilience  of  the  Constitutional  Court,  which 
reflect  some  longer-standing  demands  on  their  side17.  At  the  same  time,  they  note  the 
importance  of  having  a  broad,  inclusive  debate  on  such  a  reform,  and  call  for  steps  to 
improve safeguards related to appointments beyond the Constitutional Court18. The report of 
the working group ‘resilient rule of law’ also takes stock of ongoing reflection processes on 
improving safeguards for appointments to the Constitutional Courts of the  Länder19. In this 
context,  the  commitment  from  the  coalition  agreement  to  strengthen  safeguards  for  judicial 
independence  in  relation  to  the  system  of  appointment  of  Federal  court  judges20  can  be 
recalled.  

The Ministry of Justice has presented a proposal to introduce further safeguards for the 
use of the power of Ministers of Justice at Federal and Länder level to issue instructions 
to  prosecutors  in  individual  cases.  As  noted  in  previous  Rule  of  Law  Reports21,  the 
coalition  agreement  had  included  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 Union22, an issue of long-standing debate in Germany23. On 2 May 
2024, the Ministry of Justice presented draft amendments24 to the Courts Constitution Act to 
increase  the  transparency  of  instructions  to  the  prosecution  service.  In  particular,  the  draft 
would  explicitly  enshrine  in  law  that  instructions  have  to  follow  the  principle  of  legality25 
and,  additionally,  that  they  are  only  permissible  to  prevent  unlawful  decisions  or  in  cases 
where scope for discretion based on factual or legal elements exists. The instructions could 

possibility  of  a  ‘blocking  minority’  if  the  two-thirds  majority  required  in  Parliament  for  the  appointments 
could no longer be reached as well as to possible influence on judicial nominations.  
15   Legal Tribune Online (2024), Harbarth in favour of careful and measured discussion.  
16   Joint  statement  by  the  German  Judges  Association,  the  German  Bar  Association,  the  German  Women 

Lawyers Association, and the Association of German Jurists, Better Protect the Rule of Law.  
17   See e.g. Contribution from the German Bar Association for the 2024 Rule of Law Report, p. 4.  
18   Joint  statement  by  the  German  Judges  Association,  the  German  Bar  Association,  the  German  Women 

Lawyers Association, and the Association of German Jurists (2024), Better Protect the Rule of Law.  

19   Conference of the Justice Ministers (2024), Report of the working group ‘resilient rule of law’.  
20   2022 Rule of Law Report, Country Chapter on the rule of law situation in German, p. 4. In this respect, see 
also: Contribution from the German Bar Association for the 2024 Rule of Law Report, pp. 7-8, contribution 
from  the  German  Association  of  Judges  for  the  2024  Rule  of  Law  Report,  p.  10  and  contribution  from 
Gesellschaft für Freiheitsrechte as part as of Liberties for the 2024 Rule of Law Report, pp. 7-8.  

21   Most recently, 2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 4.  
22   The relevant case law 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, ECLI:EU:C:2019:456 and of 24 November 2020, AZ, 
C-510/19, ECLI:EU:C:2020:953. 

23   Certain stakeholders have advocated for fully abolishing the possibility of instructions in individual cases to 
avoid  the  appearance  of  political  influence;  Contribution  from  the  German Association  of  Judges  for  the 
2024 Rule of Law Report, p. 12. On the other hand, the Federal Government and the  Länder consider that 
the current system needs to be maintained to comply with the constitutional democracy principle and thereby 
ensure the accountability of the prosecution service. See 2021 Rule of Law Report, Country Chapter on the 
rule of law situation in Germany, p. 3 as well as the explanatory memorandum of the new draft law (see FN 
24).  

24   Ministry of Justice (2024), Draft law to increase the transparency of instructions to the prosecution service.  
25   The  principle  of  legality  was  already  generally  applicable  as  per  para.  152  of  the  German  Criminal 
Procedural Code, but this had not been specifically set out in the Courts Constitution Act, where the power 
to issue instructions to the prosecution service is regulated.  

5 

 
 
not be based on non-judicial considerations. Furthermore, the instructions would need to be 
issued in writing and be reasoned26. This would be consistent with European standards, which 
recommend  adequate  guarantees  for  transparency  and  equity  such  as  the  instructions  being 
reasoned  and  in  writing27.  European  standards  further  recommend  seeking  prior  written 
advice from  the competent  public prosecutor and to  include the instructions in  the case file 
ahead of the trial28. While the introduction of these additional safeguards has generally been 
welcomed29,  there  are  calls  to  further  restrict  the  power  to  issue  instructions,  notably  a 
proposal by Nordrhein-Westfalen to limit it strictly to cases of misapplication of the law30, as 
well as a preference of certain stakeholders to fully remove it31.  

initial  appointment,  are  under  consideration 

Measures to further promote the respect of constitutional values by lay judges, and for 
in 
ordinary  judges  before  their 
Parliament.  As  noted  in  the  2023  Rule  of  Law  Report32,  the  Ministry  of  Justice  had 
presented  draft  legislation  providing  that  the  non-respect  of  constitutional  values  is  a 
mandatory ground for exclusion from becoming a lay judge. This draft law was submitted to 
Parliament  in  August  2023,  where  it  is  currently  under  consideration33.  As  regards  the 
introduction  of  security  checks  for  judges  before  their  initial  appointment  to  confirm  their 
respect  of  constitutional  principles34,  the  coalition  agreement  in  the  Land  of  Hessen  of 
December  2023  envisages  to  introduce  such  checks  for  judges,  prosecutors,  and  police 
officers35. In the Land of Brandenburg a law will come into force on 1 September 2024 that 
allows  a  regular  request  at  the  constitutional  protection  agency  (only  non-intelligence 
resources) for every new official and judge36.  

26   If  for  special  reasons  the  instruction  is  issued  only  orally  or  without  reasoning,  it  has  to  be  confirmed  in 

written form and be reasoned at the latest the following day.  

27   Recommendation Rec(2000)19 of the Committee of Ministers of the Council of Europe, para. 13 d-e. For an 
overview of safeguards concerning instructions to prosecutors in individual cases, see Figure 55, 2020 EU 
Justice Scoreboard. 

28   Ibid., para 13 d, point 1 and 3.  
29   See  e.g.  the  submissions  of  the  Bar Association,  the  Federal  Bar  and  the  Union  of  Civil  Servants  to  the 
public  consultation  on  the  draft  law,  with  the  Federal  Bar  however  stressing  that  the  inclusion  of  the 
instructions  in  the  case  file  would  also  be  essential  to  improve  transparency.  Ministry  of  Justice  (2024), 
Legislative Procedure – law to increase the transparency of instructions to the prosecution service.  

30   The proposal, discussed at the Conference of the Justice Ministers in June 2024, was however not supported 
by  a  majority  of  the  other  Länder.  Nordrhein-Westfalen  (2024),  Nordrhein-Westfalen  demands  more 
independence for prosecution services.  

31   Submissions  by  the  German  Judges  Association  and  the  New  Association  of  Judges  to  the  public 
consultation  on  the  draft  law,  which  both  consider  that  the  proposed  changes  would  not  suffice  for  the 
prosecution  service  to  be  considered  a  ‘judicial  authority’  in  the  context  of  the  European Arrest  Warrant. 
Ministry  of  Justice  (2024),  Legislative  Procedure  –  law  to  increase  the  transparency  of  instructions  to  the 
prosecution service.  

32   2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 5.  
33   An expert hearing took place in January 2024, confirming broadly that stakeholders agree with the reform. 

German Federal Parliament (2024), Experts – Reform of Judges’ Law is necessary.  

34   2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, pp. 5-6 (for 

2022) and pp. 4-5 (for 2023).  

35   Coalition agreement for Hessen 2024-2029, p. 37.  
36   Amendment of the Brandenburg State Civil Service Act of 14 May 2024. See also 2023 Rule of Law Report, 

Country Chapter on the rule of law situation in Germany, p. 4.  

6 

 
 
Quality  

Some  progress  has  been  made  to  supplement  the  overall  resources  for  the  judiciary 
through  additional  investments,  while  the  level  of  remuneration  for  judges  remains  a 
challenge. The 2023 Rule of Law Report recommended to Germany to ‘[s]tep 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’37.  Germany’s  expenditure  for  the  justice  system  in  relation  to  GDP  has  remained 
stable,  at  a  comparatively  high  level38.  Beyond  the  additional  investments  by  the  Federal 
Government  into  the  digitalisation  of  justice  intended  to  support  the  Länder’s  strained 
budgets39, a number of Länder have created additional posts in their justice systems in their 
budgets  for  2023-24,  amounting  to  around  340  new  full-time  positions  for  prosecutors  and 
judges cumulatively40. However, based on the common personnel needs measurement system 
of  the  Länder  (PEBB§Y)41,  the  association  of  judges  estimates  that  around  1 500  further 
posts for prosecutors and judges in criminal matters alone are currently needed42 in view of 
increasing  workload  and  processing  times43.  .  These  types  of  challenges  are  expected  to  be 

37   2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Germany,  p.  2.  In  2023  the 
Commission concluded that ‘no progress’ had been made on the recommendation addressed in the 2022 Rule 
of Law Report. 

38   0.39% of GDP in 2022. Figure 24, 2024 EU Justice Scoreboard.  
39   Between 2023 and 2025, the Federal Government will invest EUR 200 million for this (see below). Input 
from Germany for the 2024 Rule of Law Report, pp. 1-3. In November 2023, the German Länder called for 
continuing  to  receive  financial  contributions  from  the  federal  level  via  the  previous  “Pact  for  the  Rule  of 
Law”, Conference of the Justice Ministers, Resilient Rule of law – how can the free, democratic basic order 
and  its  institutions  be  defended  against  enemies  of  the  constitution?  See  also  Conference  of  the  Justice 
Ministers (June 2024), Report of the working group ‘resilient rule of law’, reiterating this call.  

40   Additional posts created in 2023 and/or 2024 include: 67.5 in Baden-Württemberg, 150 in Bayern (across all 
judiciary  professions),  38  in  Berlin  (plus  5  envisaged  for  2025),  8  in  Brandenburg  (though  no  further 
increases  are  expected  due  to  budgetary  constraints),  31  in  Hamburg  (after  2021),  100  in  Hessen,  5  in 
Mecklenburg-Vorpommern,  59  in  Niedersachsen  (2022-24),  40  in  Nordrhein-Westfalen,  20  in  Rheinland-
Pfalz,  23  in  Sachsen  and  33  in  Schleswig-Holstein,  However,  in  Bremen,  while  a  need  for  around  21 
additional posts has been identified, no budgetary means to create them were available. In Sachsen-Anhalt 
and Thüringen no additional posts were created. Written contribution from the EU Affairs Committee of the 
Conference of the Justice Ministers in the context of the country visit to Germany. For context, it should be 
noted that there are currently over 20 000 judges in Germany overall and around 6 500 prosecutors. CEPEJ 
(2024), Study on the functioning of judicial systems in the EU Member States.  

41   PEBB§Y  is  a  mathematical-analytical  system  to  calculate  the  personnel  needs  of  the  Länder  based  on 
processing  times  registered  by  justice  practitioners  in  an  empirical  study  over  a  six-month  period.  The 
resulting average processing times can be multiplied with the pending and expected incoming cases of courts 
and  prosecutions,  to  calculate  the  personnel  requirements  in  each  department.  It  was  last  updated  in  2014 
completely. On specific occasions, the commission of the  state justice administrations for issues relating to 
the  calculation  of  personnel  requirements  and  its  state  working  groups  review  whether  adjustments  to  the 
basic figures or the product structure are necessary due to changes (an update of the calculation is planned 
for  2027).  PEBB§Y  figures  are  unrelated  from  the  question  of  how  many  positions  are  currently  vacant. 
Report – PEBB§Y update 2014.  

42   The length of criminal proceedings at regional courts has been steadily increasing and was at 8.6 months in 
2022 (compared to 8.2 in 2021, and around 4 months in 2012), see  German Judges Magazine 10/23, Files 
are piling up, cries for help are mounting and German Statistical Office (2023), Statistical Report – Criminal 
Courts – 2022.  

43   As  the  administration  of  justice  is  the  responsibility  of  the  Länder,  no  consolidated  Germany-wide  figure 
exists,  and  the  measurement  is  not  made  public  by  all  Länder.  In  Rheinland-Pfalz,  where  the  PEBB§Y 
measurements are made available every year, indicators show that for 2023, 46 additional prosecutors would 
have been required. Ministry of Justice of Rheinland-Pfalz, Personnel needs calculation 2023 – Prosecutors.  

7 

 
 
further exacerbated by upcoming waves of retirements until 203044. In June 2024, the Länder 
decided to develop a joint ‘rule of law campaign’ to improve the recruitment of future talent 
in the judiciary45. Stakeholders have also noted challenges as regards the recruitment of court 
staff, especially IT experts for the implementation of the on-going digitalisation initiatives46. 
As for the remuneration of judges, almost all Länder as well as the Federal Government, will 
apply to the judiciary the most recent collective bargaining agreement for the public sector 47, 
which provides for lump sum payments to compensate for inflation, and salary increases as of 
February 2025 at the latest48. However, the annual salaries of judges at the beginning of their 
career have remained the lowest in the EU compared to the average wages overall49. Judges’ 
representatives continue to criticise this situation, which has led to open letters and protests 
by judges in certain Länder50. The criticism has highlighted the challenges for the ability of 
the  judiciary  to  recruit  qualified  candidates,  given  the  salaries  in  the  private  sector51.  The 
Constitutional  Court  has  repeatedly  issued  judgments  interpreting  the  requirement  of 
adequate remuneration of civil servants emanating from the Constitution52, and further cases 
are  expected  to  be  decided  in  202453.  Regional  disparities  between  the  different  Länder  as 
regards  entry-level  salaries  for  judges  also  remain  significant,  differing  by  up  to  15%54. 
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  decisions55.  Overall,  since  resources  have  seen  some  increase,  while 
challenges  regarding  the  salaries  of  judges  remain,  some  progress  has  been  made  on  the 
recommendation made in the 2023 Rule of Law Report.  

Digitalisation  efforts  in  the  judiciary  are  underpinned  by  a  multi-annual  investment 
programme and a number of dedicated legislative initiatives. The level of digitalisation of 

44   2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 6.  
45   Conference of the Justice Ministers (2024), Rule of law campaign to improve the recruitment of future talent 

in the judiciary.   

46   Contribution from the German Judges Association for the 2024 Rule of Law Report, p. 13.  
47   Input from Germany for the 2024 Rule of Law Report, p.  3. The exceptions so far are Saarland, Thüringen 
and Hessen, though in Hessen, as it is no longer part of the collective bargaining community of the Länder, a 
separate, similar collective bargaining agreement has been agreed. Written contribution from the  EU Affairs 
Committee of the Conference of the Justice Ministers in the context of the country visit to Germany.  

48   Input from Germany for the 2024 Rule of Law Report, p. 3; 5-6.  
49   Figure 35, 2024 EU Justice Scoreboard. Prosecutors’ entry-level salaries, in ratio to the annual average gross 

salary, are also among the lowest in the EU.  

50   German Judges Association (2024), Salary protests in the Länder.  
51   German Judges Association (2024), Justice is left behind on salaries.  
52   See  most  recently  Judgment  of  the  Constitutional  Court,  of  4  May  2020,  2  BvL  6/17  and  others.  This 
judgment concerned the requirements regarding family bonuses. In the meantime, the Länder have in general 
taken measures to implement this judgment and adjust the family bonuses. Written contribution from the EU 
Affairs Committee of the Justice Ministers in the context of the country visit to Germany. While the Federal 
Government plans to present legislation on civil servants’ salaries to implement this case law, a 2022 draft 
prepared  by  the  Ministry  of  Interior  has  not  yet  been  agreed  within  the  Government,  as  confirmed  at  the 
Federal  Government  Press  Conference  of  20  December  2023.  Stakeholders  note  that  addressing  the 
adequacy family bonuses does not address the question of judges’ base salaries as such. Information received 
from the German Judges’ Association in the context of the country visit to Germany.  

53   Federal  Constitutional  Court, Annual  Preview  2024. Written  contribution  from  the  Constitutional  Court  in 

the context of the country visit to Germany.  

54   German Judges Association (2024), Salaries of justice professionals are further diverging.  
55   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  and  33.  Judgment  of  the  Court  of  Justice  of  the 
European Union, 27 February 2018, C-64/16, Associação Sindical dos Juízes Portugueses, para. 45.  

8 

 
 
justice in Germany is overall very good, notably with regard to the use of digital technology 
and electronic communication tools by courts and prosecution56, or arrangements for machine 
readable  judgments57.  Procedural  rules  allowing  digital  technology  in  courts  in  civil, 
commercial, and administrative cases are in place. With regard to criminal cases58 some gaps 
remain  for  digital  solutions  to  conduct  and  follow  court  proceedings59.  A  digitalisation 
initiative  for  the  justice  system  includes  funding  of  up  to  EUR 200  million  for  the  period 
from 2023 to 202660. In 2023, the funding of twelve projects of the Federal Government and 
the  Länder  amounting  to  EUR  112  million  for  2023-2026  was  approved  and  implemented, 
and  additional  projects  are  being  prepared61.  Furthermore,  in  November  2023,  the  Federal 
Government  and  the  Länder  agreed  that  the  digitalisation  of  justice  must  go  hand  in  hand 
with  a  modernisation  of  the  procedural  rules.  To  this  end,  they  decided  to  convene  a  joint 
reform commission to draw up proposals for the civil procedure of the future, which should 
commence its work in July 202462. In addition, in March 2024, the Government submitted to 
Parliament  a  legislative  proposal  to  further  digitalise  the  judiciary.  The  proposal  includes  a 
simplification of the electronic submission of certain motions for lawyers and parties, more 
flexible  solutions  for  the  transition  to  fully  electronic  court  files  as  of  2026,63  and  the 
possibility  for  parties  to  participate  in  the  main  appeal  hearing  via  videoconference  in 
criminal  matters  before  the  Federal  Court  of  Justice64.  As  noted  in  the  2023  Rule  of  Law 
Report,  the  Federal  Government  had,  in  May  2023,  submitted  a  proposal  to  further  expand 
the  possibility  of  videoconferencing  in  civil  and  specialised  courts  to  the  Federal  Council, 
which  was  subsequently  adopted  on  14  June  202465.  Furthermore,  in  March  2024,  the 

56   Figures 42, 43 and 44, 2024 EU Justice Scoreboard. 
57   As  also  noted  by  stakeholders,  room  for  improvement  remains  as  regards  the  online  publication  of 
judgments.  Figures  47  and  48,  2024  EU  Justice  Scoreboard.  Contribution  from  the  German  Institute  for 
Human Rights as part of ENNHRI for the 2024 Rule of Law Report, p. 7.  

58   The gaps exist concern admissibility of evidence filed in digital format only and on conducting the oral part 
of the procedure entirely via distance communication technology. Figure 41, 2024 EU Justice Scoreboard. 

59   Figure 46, 2024 EU Justice Scoreboard.  
60   The budget of the Federal Ministry of Justice has a dedicated and separate title for this purpose, which has 
been allocated EUR 50 million per year for the relevant period. All supported projects must comply with the 
‘one for all’ principle, namely projects must be designed in such a way that it can be extended to and used by 
all Länder as well as the Federal Government. 

61   The  funding  for  the  digitalisation  projects  of  the  Federal  Government  in  financial  years  2023  and  2024 
amounts to EUR 17 million, and EUR 95 million for the projects of the Länder in the financial years 2023-
2026. The financing of further projects is in preparation. The twelve  funded projects include  development 
and  testing  of  an  online  civil  court  procedure,  a  video  portal  of  the  judiciary,  an  AI  strategy  and  an  AI 
platform. Written contribution from the Ministry of Justice in the context of the country visit to Germany. 
62   The  commission  will  be  composed  of  representatives  of  the  courts,  attorneys,  consumer  organisations, 
businesses and academia. It should prepare revisions to procedural law in 2024.  Conference of the Justice 
Ministers (2023) Joint declaration – Federal Government – Länder digital summit on 10 November 2023. 
63   A transition towards a fully digital file in the judiciary is underway as courts and public prosecutors will be 
obliged to keep court and procedural files as electronic files by 1 January 2026. This transition is progressing 
well and has been completed to large extent in some of the Länder. Written contribution from the EU Affairs 
Committee of the Conference of the Justice Ministers in the context of the country visit to Germany. 

64   Ministry of Justice (2024) A legislative proposal on the further digitalisation of the judiciary.  
65   The  final  version  of  the  law  as  agreed  in  the  conciliation  committee  provides  that  hearings  by 
videoconference are only possible if the cases are suited to this and if  sufficient capacities are available. If 
this is the case, the judge can both allow and require the parties to conduct a videoconference hearing, with a 
two-week deadline for the parties to object. See also 2023 Rule of Law Report, Country Chapter on the rule 
of law situation in Germany, pp. 7-8. 

9 

 
 
Parliament adopted a law on the introduction of electronic submission of documents and the 
use of electronic files at the Federal Constitutional Court66.  

Discussions on the proposal to introduce digital documentation of main proceedings in 
criminal cases have stalled due to diverging views between the Federal Government and 
the  Länder.  As  noted  in  the  2023  Rule  of  Law  Report67,  the  Government’s  proposal  to 
introduce digital documentation through audio recordings68 of main proceedings in criminal 
cases had been submitted to Parliament in May 202369. While the Federal Parliament adopted 
the  proposal  on  17  November  2023,  the  Federal  Council,  representing  the  Länder,  did  not 
find a majority in support and called on the conciliation committee to find a compromise70. 
The Länder have raised issues with the proposal, related to the timeline, costs, and content of 
the proposal. They highlighted a potential impact on the willingness of victims and accused 
persons  to  testify  and  a possible  risk  of  leaks  of  the  recordings71.  The  Federal  Government 
considers that introducing digital documentation will ensure a reliable, objective, and uniform 
tool to support the work of all parties to the proceedings72. Stakeholders remain split on the 
proposal, with the Judges’ Association sharing the Länder’s concerns as regards the impact of 
the  digital  documentation  on  criminal  proceedings73.  The  Bar  and  associations  of  lawyers 
have  welcomed  the  proposal,  which  they  consider  will  improve  the  traceability  and 
transparency of proceedings, also in the interest of witnesses, noting that similar solutions are 
common  in  other  European  countries74.  Discussions  in  the  conciliation  committee  initially 
scheduled for February 2024 have been postponed75.  

Several  legislative  proposals  aim  at  increasing  the  attractiveness  of  Germany  as  a 
location for civil and commercial cases. To follow-up on the 2023 study by the Ministry of 
Justice76 examining  the significant  decline in  incoming civil  cases between 2005 and 2019, 
Germany  has  presented  several  initiatives  to  address  this  phenomenon.  On  4  July  2024 

66   German Federal Parliament (2023) Tenth Act amending the Federal Constitutional Court Act  - Introduction 
of electronic legal communication with the Federal Constitutional Court. The  Federal Constitutional Court 
expects  that  the  electronic  file  management  will  start  to  be  used  within  the  administration  at  the  Federal 
Constitutional Court in autumn 2024; in the judicial area, it is foreseen within that same year to establish a 
working  group  for  the  introduction  of  electronic  file  management.  Written  contribution  from  the  Federal 
Constitutional Court in the framework of the country visit to Germany.  

67   2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, pp. 8-9.  
68   The  audio  recording  would  then  be  transformed  into  a  written  protocol  through  a  transcription  software. 
Currently, for criminal proceedings at regional and higher regional courts, only a formal protocol is prepared, 
noting  the  procedural  steps  but  not  the  content  or  interventions,  meaning  that  judges,  prosecutors  and 
lawyers  each  take  their  own  notes.  The  proposal  also  foresees  an  optional  possibility  to  introduce  video 
recordings, at the discretion of the Länder.  

69   Draft Law of the Federal Government for a law on the documentation of main proceedings.  
70   Convocation  of  the  conciliation  committee  by  the  Federal  Council  on  15  December  2023  –  Law  on  the 

documentation of main proceedings.  

71   Ibid.  
72   Accompanying note by the Federal Government on the Draft law on the documentation of main proceedings. 
To be noted that a full protocol is already provided in civil cases and in criminal cases at the local courts.  
73   German Judges Association, Position Paper on the draft law on the documentation of main proceedings.  
74   German  Bar  Association  (2024),  Why  the  documentation  of  criminal  proceedings  is  indispensable.  2023 

Rule of Law Report, Country Chapter on the rule of law situation in Germany, pp. 8-9.  

75   Information received from the Ministry of Justice  and the EU Affairs Committee of the Conference of the 
Justice  Ministers  in  the  context  of  the  country  visit  to  Germany.  If  adopted  as  proposed,  the  digital 
documentation would be fully applicable as of 2030, following a pilot phase.  

76   Ministry of Justice (2023) Decline in civil court filings: Research report handed over to the Federal Ministry 

of Justice. Among the reasons identified are a lack of specialisation and slow digitalisation of justice.  

10 

 
 
 
Parliament  adopted  a  proposal  to  create  ‘commercial  courts’,  with  the  aim  to  make  the 
German  justice  system  more  attractive  for  large  and  international  commercial  disputes77. 
These commercial courts will take the form of specialised senates that the Länder can create 
at  a  higher  regional  court  to  hear  first  instance  commercial  cases  above  a  dispute  value  of 
EUR 500 000, with the possibility to conduct proceedings in English78. This proposal aims to 
address long-standing calls by the Länder79. The Federal Council has generally welcomed the 
proposal  but  criticised  the  limitation  to  certain  areas  of  law  and  to  disputes  involving 
companies80.  Stakeholders81  have  also  expressed  overall  support, 
though  business 
representatives82  have  questioned  the  high  threshold  for  the  dispute  value.  With  a  similar 
objective of increasing the attractiveness of Germany as a location for arbitration, on 26 June 
2024  the  Government  submitted  a  proposal  for  the  modernisation  of  arbitration  law  to 
Parliament83.  The  proposal  foresees  inter  alia  the  possibility  to  conduct  arbitration-related 
court  proceedings  in  English,  enhanced  digitalisation  of  arbitration  proceedings  and  the 
possibility  to  publish  the  decisions,  with  agreement  of  the  parties.  Finally,  a  legislative 
proposal  submitted to Parliament on 5 June 2024 foresees further measures as regards civil 
proceedings, notably strengthening local courts by increasing the dispute value threshold for 
cases  that  can  be  heard  at  their  level84  and  clarifying  the  division  of  competences  between 
local and regional courts to improve specialisation85.   

Efficiency 

The justice system overall continues to perform efficiently and measures to deal with so-
called  ‘mass’  civil  cases86  are  being  negotiated.  The  number  of  incoming  civil  and 
commercial litigious cases has continued a declining trend from the past years (1.2 cases at 
first  instance  per  100 000  inhabitants  in  2022  compared  to  1.3  in  2021)87.  The  disposition 
time in administrative cases at first instance continued to decrease (from 422 days in 2021 to 

77   Federal Government (2023), Draft law on strengthening Germany as a justice location.  
78   In addition, the proposal provides for the possibility of more detailed protocols and to have a first court date 

for the purpose of discussing the organisation of proceedings.  

79   2021 and 2022 Rule of Law Reports, Country Chapter on the rule of law situation in Germany, p. 6 and p. 8. 
80   Information  received  from  the  EU  Affairs  Committee  of  the  Conference  of  the  Justice  Ministers  in  the 

context of the country visit to Germany.  

81   Contribution from the German Bar Association for the 2024 Rule of Law Report, p. 13.  
82   DIHK, Position paper on draft law on strengthening Germany as a justice location.  
83   Federal Ministry of Justice (2024), Modernisation of the German arbitration procedural law.  
84   The  maximum  dispute  value  would  be  increased  from  EUR  5 000  to  EUR  8 000,  taking  account  of 
inflations,  as  the  value  had  not  been  increased  since  1993.  This  aims  at  increasing  the  number  of  first 
instance civil cases that are handled at local court level.  

85   In civil cases, the local court or regional court are responsible as the court of first instance, depending on the 
nature  of  the  case.  The  draft  foresees  that  regardless  of  the  dispute  value,  certain  cases  such  as  some 
neighbour-related disputes are always handled by local courts, while others such as procurement matters are 
always handled by the regional courts. The decline in civil cases is an issue in particular for courts in smaller 
locations, as they are unable to compensate for the decline in the number of cases by reducing the number of 
posts  and  therefore run  the  risk  of  having  to  close  completely.  Ministry  of  Justice  (2024)  Draft  legislative 
proposal on amending the jurisdictional value in dispute of the local courts, to expand the specialisation of 
the judiciary in civil matters and to amend other procedural regulations. 

86   These  are  usually  a  large  number  of  individual  lawsuits,  giving  rise  to  the  same  key  legal  issues  and 
asserting similar claims, such as following the so-called Dieselgate scandal or relating to consumer disputes 
in insurance or bank contracts.  

87   This trend can be observed in the EU Justice Scoreboard since 2012. The same trend can be observed also 
with regard to the incoming administrative cases at first instance (0.6 cases per 100 000 inhabitants in 2022 
compared to 0.7 in 2021 and 2020, and 0.8 in 2019). Figures 3 and 4, 2024 EU Justice Scoreboard. 

11 

 
 
408  days  in  2022)88  and  slightly  increased  for  litigious  civil  and  commercial  cases  at  first 
instance  (from  231  days  in  2021  to  241  days  in  2022)89.  At  the  same  time,  the  number  of 
pending litigious civil and commercial cases as well as administrative cases at first instance 
decreased90. However, the phenomenon of ‘mass’ civil court cases continues to pose serious 
challenges  for  the  justice  system.  In  June  2023,  the  Ministry  of  Justice  presented  a  draft 
legislative proposal on a ‘leading decision’ procedure to the Federal Court of Justice, aimed 
at  dealing  with  some  of  those  cases  more  efficiently91,  which  was  then  submitted  to 
Parliament  in  August  2023.  However,  in  October  2023,  the  Federal  Council  expressed 
reservations92 on certain elements of the proposal.  

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 Auditors93 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  relatively  low.  In  the  2023  Corruption  Perceptions  Index  by 
Transparency International, Germany scores 78/100 and ranks 5th in the European Union and 
9th globally94. This perception has been relatively stable over the past five years.95 The 2024 

88   Figure 8, 2024 EU Justice Scoreboard. 
89   Figure 6, 2024 EU Justice Scoreboard. 
90   Figures 13 and 14, 2024 EU Justice Scoreboard.  
91   This  proposal  is  intended  to  be  an  element  towards  a  more  efficient  handling  of  mass  civil  court  cases, 
allowing the Federal Supreme Court to clarify central legal issues affecting a large number of similar cases 
pending at lower instance courts. The Federal Court of Justice could designate a case in revision proceedings 
as  a  ‘leading  decision’.  The  lower  instance  courts  could  suspend  pending  parallel  proceedings  with  the 
consent of the parties. Most importantly, the Federal Supreme Court would be able to rule on the legal issues 
of broader importance in the form of the leading decision even if the parties were to subsequently withdraw 
the revision or the revision case was settled. Ministry of Justice (2023) Law on the introduction of a leading 
decision procedure at the Federal Court of Justice.  

92   The Federal Council considers it problematic that a legal dispute must proceed through the lower instances 
until  it  reaches  the  Federal  Supreme  Court.  Instead,  it  considers  that  it  should  be  possible  to  submit  the 
relevant legal issues to the Federal Court of Justice already at the first instance. Furthermore, it believes that 
an overall concept for dealing with mass proceedings is necessary, which should also include, for example, a 
possible concentration of the taking of evidence.  

93   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. 

94   Transparency International (2024), Corruption Perceptions Index 2023. 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). 

12 

 
 
Special  Eurobarometer  on  Corruption  shows  that  51%  of  respondents  consider  corruption 
widespread  in  their  country  (EU  average  68%)  and  11%  of  respondents  feel  personally 
affected by corruption in their daily lives (EU average 27%)96. As regards businesses, 47% of 
companies consider that corruption is widespread (EU average 65%) and 20% consider that 
corruption  is  a  problem  when  doing  business  (EU  average  36%)97.  Furthermore,  32%  of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices  (EU  average  32%)98,  while  40%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 31%)99.  

the  Prevention  of  Corruption 

The update of Germany’s strategic anti-corruption framework at the Federal level and 
revision  of  its  rules  on  gifts  has  remained  pending.  The  revision  of  the  2003  ‘Federal 
the  Federal 
Government  Directive  Concerning 
Administration’  led  by  the  Ministry  of  Interior,  as  the  federal  administration’s  corruption 
prevention strategy100, was originally expected to be finalised by the end of 2022101, but has 
seen  several  delays  since  2021.  The  revision  of  the  Directive  is  currently  planned  to  be 
finalised  after  the  adoption  of  the  proposed  EU  directive  on  combating  corruption  through 
criminal  law,  which  is  not  expected  before  next  year102.  Consequently,  input  from 
stakeholders has not yet been sought103. The revision of the 2004 rules on the prohibition to 
accept  favours  and  gifts  is  also  still  ongoing.104  but  planned  to  be  finalised  still  in  2024105. 
The  comprehensive  compilation  report  on  integrity  in  the  federal  public  administration  of 

in 

95   In 2019, the score was 80, while, in 2023, the score is 78. 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. 

96   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

97   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 524 (2023). 

98  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).  
99   Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  
100  It applies to all categories of federal employees, authorities and offices, the supreme federal authorities, the 
military and state-owned enterprises. The strategy is limited to the federal level and to corruption prevention. 
GRECO considers the directive a solid framework, see GRECO, Fifth Evaluation Round, Evaluation Report 
Germany (2019), p. 4.  

101  See 2023, 2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 

11 (2023), p. 10 (2022) and p. 7 (2021). 

102  Information received from the Ministry of Justice/Ministry of Interior in the context of the country visit.  
103  Germany  has  been  encouraged  during  the  UNCAC  review  to  seek,  where  appropriate,  input  from 
stakeholders outside of the public sector. UNCAC Review Report of Germany for the Review Cycle 2016-
2021 (2020), p. 30. Germany was originally criticised for not having assessed the impact  of its corruption 
prevention strategy, especially in fields prone to corruption and was recommended to revise the directive, see 
UNCAC, Executive Summary, p. 3. 

104  The revision aims to assess whether more up-to-date, harmonised rules and increased legal certainty would 
be  required.  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  more  comprehensive,  including  concrete 
examples to inform public officials. See also 2023, 2022 and 2021 Rule of Law Reports, Country Chapter on 
the rule of law situation in Germany, p. 11 (2023), p. 10 (2022) and p. 7 (2021). 

105  Information received from the Ministry of Interior in the context of the country visit to Germany. 

13 

 
 
2022 was published in September 2023, including, among others, specific data on corruption 
cases and suspicion of corruption in the federal public administration106. 

Germany has further strengthened its criminal law relating to corruption, while plans 
on corporate sanctions for foreign bribery have not yet advanced further. While bribery 
in  the  public  and  private  sector,  including  members  of  Parliament  is  already  broadly 
criminalised in Germany, a new law was adopted by the Parliament in May 2024 and came 
into  force  in  June  2024107.  This  law  introduces  as  a  new  provision  the  criminal  offence  of 
trading  in  influence  involving  members  of  Parliament108.  Notably,  the  new  provision 
criminalises illicit peddling of actual or alleged influence by members of Parliament, and thus 
unethical commercial conduct109 by exerting influence outside of their official parliamentary 
activities. As such, the newly introduced provision complements already existing provisions 
on  members  of  Parliaments,  closing  a  criminal  liability  gap110.  The  regulation  of 
parliamentarians’ secondary activities leaves room for concern111. As to previously reported 
plans  to  strengthen  sanctions  for  companies  for  foreign  bribery,  there  is  still  no  concrete 
timeline  for  the  Minister  of  Justice’s  plan  to  provide  for  precisions  in  the  Code  of 
Administrative Offences112, which would include an adaptation of the level of sanctions for 
legal  persons,  but  changes  are  still  planned  for  2025.  Increased  corporate  liability113  for 
criminal  offences  could  further  facilitate  enforcement  levels  in  criminal  prosecutions  of 
foreign bribery114. 

Germany  overall  provides  an  effective  response  in  its  fight  against  corruption.  As  in 
previous years, no concerns were raised by stakeholders identifying any systemic weaknesses 

106  Ministry of Interior (4 September 2023), Integrity in the federal public administration - Annual Report 2022,  
107  Law  amending  the  criminal  code  –  Criminalisation  of  undue  interest  representation.  German  Parliament, 
Draft  law  amending  the  criminal  code  –  Criminalisation  of  undue  interest  representation,  20/10376,  (20 
February 2024), introducing the new Section 108(f).  

108  Ibid.  See  also  LobbyControl  (22  February  2024),  Corruption  of  MPs:  the  Traffic  Light  coalition  draws 

consequences from mask affair, largely welcoming the proposal. 

109  Other than for public officials, commercial conduct of parliamentarians is not prohibited. Section 108(e) of 

the Criminal Code. 

110  The  new  provision  in  Section 108(f)  of  the  Criminal  Code  complements  the  already  existing  provision  in 
Section 108(e)  of  the  Criminal  Code  criminalising  bribery  involving  members  of  Parliament.  It  closes 
criminal liability gaps resulting from the fact, that Section 108(e) only applies to bribes paid in return for the 
member of Parliament to perform an act in the exercise of his or her mandate. 

111  See Federal Court of Justice calling for the legislator to regulate this gap. Bundesgerichtshof, decision of 5 
July  2022,  StB  7-9/22.  There  is  no  stand-alone  provision  on  trading  of  influence  under  German  law, 
UNODC,  Country  Review  Report  of  the  Federal  Republic  of  Germany  (2017),  p.  55.  GRECO  requested 
Germany to reconsider its reservations and to consider a stand-alone trading in influence offence. GRECO, 
Third  Evaluation,  Second  Addendum 
the  Second  Compliance  Report  on  Germany  (2019), 
recommendation ix. 

to 

112  Information received from the Ministry of Justice in the context of the country visit to Germany. See 2023 

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

113  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.  

114  According to the Federal Criminal Police Office (15 September 2023), Federal Situation Report - Corruption 
2022, p. 11, there were two cases in 2022. See also 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. Transparency International, Exporting Corruption (2022), pp. 8, 48-
49, also noting the lack of criminal liability of corporations as the main weakness.  

14 

 
 
in  the  treatment  of  high-level  corruption  cases  or  the  investigation,  prosecution  or  final 
judgement of corruption and high-level corruption cases115. No corruption cases or challenges 
in  the  cooperation  between  the  German  authorities  and  the  EPPO  on  corruption-related 
investigations have been reported116. The levels of human and financial resources as well as 
high  specialisation  specifically  for  corruption  cases  within  the  police,  the  financial 
intelligence unit, the prosecution service, and courts are found to be overall sufficient to carry 
out  their  tasks  effectively117.  The  FIU  is  reported  to  work  on  enhancing  its  operational 
effectiveness  regarding  its  practice  and  backlogs118.  To  facilitate  cooperation  between  the 
Financial Intelligence Unit (FIU) and law enforcement, including on corruption as a predicate 
offence, amendments to the money laundering law came into force on 18 November 2023119. 
The  2023  Situation  Report  by  the  Federal  Criminal  Police  illustrates  in  a  robust  annual 
analysis  recent  trends,  developments  and  statistics  on  corruption  and  Germany’s  efforts  to 
repress  it120.  It  details  3 600  police-registered  corruption  cases  for  2022,  which  presents  a 
stark  decrease  of  approximately  51%  compared  to  2021121.  According  to  this  Situation 
Report,  the  decrease  can  be  observed  across  the  board  for  almost  all  corruption-related 
crimes122. It is reportedly due to the complexity of corruption investigations and the fact that 
a few large-scale investigations in several Länder conducted in the previous year involved a 
high number of individual criminal acts. Medical and pharmaceutical industries are identified 
as the most affected sectors by corruption-related crimes, while the business sector and public 
administration represent  the preferred targets.  Also, law enforcement  and justice authorities 
are reported to increase as a target for corruption-related crimes123. 

115  Information received by the Prosecution Service, Association of Judges and Bar Association in the context of 

the country visit to Germany. 

116 EPPO Annual Report 2023 (2024), p. 33; written input from EPPO for the 2024 Rule of Law Report, p. 4.  
117  Information  received  from  the  Ministry  of  Interior,  Federal  Criminal  Police,  Prosecution  Service  and 
Financial Intelligence Unit in the context of country visit to Germany. See also written contribution from the 
FIU in the context of the country visit to Germany. 

118  FIU  (8  December  2023),  FIU Annual  Report  2022,  reporting  an  increase  of  31%  in  FIU  analytical  crime 
suspicion  reports  to  the  police  and  prosecution  services  compared  to  2021.  See  also  ACAMS-
moneylaundering.com  (13  September  2023),  After  Years  of  Turmoil,  Germany  Seeks  to  Reinvigorate, 
Modernise FIU. 

119  Written contribution from the FIU in the context of the country visit to Germany, p. 1. Federal Ministry of 
Finance (October 2023), New direction in the fight against criminal finance, and Law of 13 November 2023 
to strengthen the risk-based working methods of the Central Office for Financial Transaction Investigations  
120  The data is based on information from 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. As such, it does not include data broken down by the 16  Länder, which could help identify 
regional discrepancies and areas for particular attention. The report is published annually.  

121  Federal Criminal Police Office (5 September 2023), Federal Situation Report - Corruption 2022. Overall, the 
number  of  identified  public  officials  accepting  a  bribe  continue  to  be  at  the  lowest  level  of  the  past  five 
years.  The  detected  financial  damage  caused  by  corruption  has  notably  decreased  compared  to  2021,  by 
approximately 56% amounting to EUR 27 million in 2022. Of those who have been found to have accepted a 
bribe, 51% have been public officials, a decrease of four percentage points compared to 2021.  

122  With the only notable exception of electoral bribery as regulated in Section 108(b), where there is a slight 

increase from 2 to 7 cases compared to the previous year. 

123  With  an  increase  of  more  than  11  percentage  points  compared  to  the  previous  year. This  data  illustrates  a 
change to the previous year, where the construction sector was the most affected, while law enforcement and 
justice sector ranging at 7.6% (2022 data for 2021) compared to 18.8% (2023 data for 2022). See 2023 Rule 
of Law Report, Country Chapter on the rule of law situation in Germany, p. 13. 

15 

 
 
Stricter  rules  for  Germany’s  lobbying  register  came  into  force.  With  more  than  6 000 
interest representative entries by the end of 2023, the lobby register is further expanding124. 
On  1  March  2024,  the  reform  of  the  Lobby  Register  Act  entered  into  force125,  further 
elevating the levels  of transparency in  Germany’s decision-making process.  The mandatory 
lobby  register  administered  by  the  Federal  Parliament  now  provides  for  a  broader  scope  of 
those  considered  potential  lobby  targets  in  the  public  administration126  and  more  extensive 
publication  requirements  for  lobbyists.  These  include  the  requirement  to  publish  the  lobby 
organisation’s financial  sources, interest  representatives’ previous roles  as public or elected 
officials  (revolving  doors)127,  lobbying  activities  on  behalf  of  third  parties,  the  specific 
legislation lobbied, and the range of potential lobby targets envisaged128. Stakeholders view 
this initiative largely positively providing for more transparency in Germany’s environment 
of  strong  industry  interest  representation129.  Until  30  June  2024,  all  interest  representatives 
will have to update their entries130. The Parliament  Administration is  monitoring all entries 
and  verifying  and  following  up  on  suspicious  data  content  in  the  register131,  while  also 
increasingly taking third parties’ compliance monitoring into account. In the reporting period, 
the  first  administrative  proceeding  was  opened  against  a  lobby  group  for  failure  to  register 
while lobbying a minister132. As sanction, this can lead to an administrative fine of up to EUR 
50 000.  There  are  plans  to  interconnect  the  lobby  register  with  a  future  digital  legislative 
portal  to  enhance  transparency  in  decision-making  further,  so  far  without  an  indicative 
timeline133.  

124  Input from Germany for the 2024 Rule of Law Report, p. 20. By March 2023, 5 500 entries were registered. 
125  Consolidated version of the Lobby Register Act (1 March 2024)  
126  Individuals,  companies,  associations,  and  other  organisations  already  had  to  register  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  (in)directly 
influence the decision-making process. Now they are also obliged to register when they lobby  the technical 
level in ministries down to the level of head of unit. 

127  The obligation to publish encompasses any membership in the Federal Parliament or Government and any 
function  for  members  of  Parliament  or  in  the  Federal  Administration  currently  held  or  held  in  the 
Government for the past five years. 

128  Input  from  Germany  for  the  2024  Rule  of  Law  report,  p.  21.  Interest  representatives  must  also  state  all 
current,  planned,  or  intended  regulatory  proposals  at  federal  level  or  European  Union  level,  for  which 
lobbying  is  to  be  carried  out. Also  written  comments  and  expert  opinions  submitted  to  lobby  targets  that 
contain material arguments or positions concerning these specific regulatory proposals have to be provided 
in  PDF  format  and  their  content  also  in  machine-readable  format,  even  if  these  contributions  are  not 
mentioned  in  the  executive footprint  (for  more  details,  see  next  section).  See  also  GRECO  (2024),  Fourth 
Evaluation Round - Addendum to the Second Compliance Report on Germany, recommendation (i), paras. 
9-16, pp. 3-4. In detail, GRECO recommended that ‘the transparency of the parliamentary process be further 
improved, e.g. by introducing rules for members of parliament on how to interact with lobbyists and other 
third parties seeking to influence the parliamentary process.’ 

129  Information received from LobbyControl/Allianz Rechtssicherheit/ Bündnis Bürgerschaftliches Engagement 
in the context of the country visit to Germany, stressing only the persisting shortcomings of exemptions for 
churches, employer and trade unions and the lack of real-time reporting of lobby meetings.  

130  Failure  to  do  so  leads  to  the  deletion  of  the  register  data  with  the  result  that  no  lobby  activity  may  be 

undertaken, as further lobby activity is an administrative offence.  

131  According to the information received from the Parliament Administration in the context of the country visit 
to Germany more than 2 500 emails were sent to interest representatives to assist in the correction of data. 
132  Der SPIEGEL (16 February 2024), Fishing association faces fine from Bundestag  – administrative offence 

proceedings against lobby group.  

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

16 

 
 
Some further progress was made regarding the introduction of a legislative footprint to 
increase transparency in decision-making. The 2023 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’134. On 6 March 2024, the Federal Government revised its Rules of 
Procedure introducing a legislative footprint135 for the executive, from where the majority of 
legislative  proposals  originate136.  As  of  June  2024,  officials  in  Federal  Ministries137  are 
required  to  disclose  the  influence  of  lobbyists  on  legislative  drafts.  Although  largely 
welcomed  by  stakeholders,  the  changes  do  not  yet  encompass  reporting  obligations  on 
meetings  in  person  with  lobbyists  nor  the  disclosure  of  those  written  contributions  which 
have ultimately not been taken into account by the Government138. Only lobbying input that 
contributed to a significant extent or led to changes of core aspects of the legislative draft fall 
under  the  disclosure  obligation,  providing  for  a  wide  discretion139.  The  introduction  of  a 
‘legislative  footprint’  for  the  Parliament  and  of  a  joint  digital  legislative  portal  for 
Government  and  Parliament  continue  to  be  delayed140.  The  larger  e-legislation  initiative 
remains  at  a  conceptual  stage  with  results  envisaged  by  the  end  of  2025141.  Against  this 
background, some progress has been made on the recommendation made in the 2023 Rule of 
Law Report. 

Some further progress has been made on stricter post-employment regulations for high-
level  officials  with  new  rules  having  entered  into  force  and  higher  transparency 
standards.  The  2023  Rule  of  Law  Report  recommended  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’142. The stricter rules recently introduced for the lobbying register include a new 
requirement  to  disclose  interest  representatives’  current  or  previous  roles  as  public  and 
elected  officials143,  which  stakeholders  largely  welcomed144.  As  of  1  April  2024, 

134  2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2. The 2023 

Rule of Law Report concluded that ‘some progress’ had been made on the 2022 recommendation. 

135  A legislative footprint is a comprehensive public record of lobbyists’ influence on a piece of legislation.  
136  Federal Ministry of Interior, Draft Amendments to the Rules of Procedure of the Federal Ministries for the 
Implementation  of  an  ‘Executive  Footprint’  and ‘Synopsis’.  See  also  Ministry of Interior  (6  March 2024), 
Press statement, executive footprint: federal legislation becomes more transparent and easier to understand. 
Approximately 80-90% of the legislative drafts are prepared by the Government. 

137  Stakeholders call for a wider scope, including also lobby contacts with the head of unit or even policy officer 
level Abgeordnetenwatch  (22  June 2023),  Lobby  register 2.0?  Full  lobby  transparency still  does  not  exist; 
LobbyControl (6 March 2024), Coalition finally decides on lobbying footprint. 

138  LobbyControl  (6  March 2024),  ibid,  indicating  that  the  lobbyists’  arguments  not  taken  into  account  in  the 
draft law as well as the balance of the different, contributing interest representatives is of public interest. 

139  There is an obligation, however, to provide lobbying input in the lobbying register, see section above. 
140  As  previously  reported  the  introduction  of  this  legislative  footprint  was  expected  by  the  end  of  2024,  see 

2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 16. 

141  Information received from Administration of the Parliament in the context of the country visit to Germany. 
142  2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2. The 2023 

Rule of Law Report concluded that ‘some progress’ had been made on the 2022 recommendation. 

143  See further above in the section on lobbying. The obligation to publish encompasses any membership in the 
Federal  Parliament  or  Government  and  any  function  for  members  of  Parliament  or  in  the  Federal 
Administration currently held or held in the Government for the past five years. Input from Germany for the 
2024 Rule of Law report, p. 21. 

17 

 
 
amendments145  entered  into  force,  introducing  a  tiered  system  of  declaration  and 
authorisation obligations for former high-ranking public officials, including political officials 
and  those  who  had  received  a  security-vetting  before  their  retirement146.  Instead  of  only 
covering activities linked to their role in the past five years in service, the obligation extends 
now  to  all  post-employment  activities  and  to  a  period  of  seven  years  following  their 
service147.  Subsequent  employment  will  not  be  authorised  if  the  new  activity  impairs  the 
interests of the public administration148. Failure to comply with the prohibition of subsequent 
employment is considered a disciplinary offence149. Varying cooling-off periods150 persist151. 
Therefore, some further progress has been made on the recommendation made in the previous 
years. 

The monitoring of secondary activities of members of Parliament continues to constitute 
a challenge. Certain prohibitions are in place for remunerated lobby activities of members of 
Parliament152 but there is no requirement to disclose the actual time spent on them153 nor is 
there  a  requirement  for  ad-hoc  disclosures  in  plenary  debates  when  a  conflict  between 
specific  private  interests  emerges  in  relation  to  a  matter  under  discussion  in  Parliament154. 
Several recent cases of non-compliance by members of the Parliament have been reported in 
the  reporting  period  and  were  addressed  afterwards155.  Questions  remain  however  as  to 

144  Information received from LobbyControl/ Allianz Rechtssicherheit/ Bündnis Bürgerschaftliches Engagement 

in the context of the country visit to Germany. 

145  As regards Section 105 of the Law on Federal Public Officials  
146  Input from Germany for the 2024 Rule of Law Report, p. 18. 
147  New employment needs to be declared one month ahead of the start of the new activity. In case of failure to 

comply, there is a possibility to prohibit for a period of one month the start of the new activity.  

148  There is detailed jurisprudence by courts concretising in guiding decisions the interpretation of impairment 
of the interest of the public administration as stipulated in sections 105 and 41 Federal Civil Service Law. 
149  See  Section  77(2)  Civil  Service Act.  The  prosecution of  the  offences  is  based  on  the  Federal  Disciplinary 

Act. 

150  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 also recommended by GRECO 
Fifth Evaluation Round – Evaluation Report, para. 89. Federal ministers and parliamentary state secretaries 
hold  their  offices  for  a  shorter  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. 

151  GRECO  (2023)  Fifth  Evaluation  Round  –  Compliance  Report  on  Germany,  paras.  37-45;  for  a  list  of 
relevant  revolving  door  cases,  see  Lobbycontrol,  Lobbyreport  2024,  pp.  36-37,  calling  for  an  effective 
control  mechanism,  as  there  are  currently  no  consequences  in  practice  for  the  failure  to  report  a  new 
employment or to comply with a decision on a cooling-off period. Also the Government has not reported any 
such consequences in practice. 

152  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Germany,  pp.  17-18,  and 
Abgeordnetenwatch (2023), Income published: this is what the members of the Bundestag earn on the side.  

153  Reported since 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 10. 
154  GRECO Fourth Evaluation Round – Interim Compliance Report, p. 4. Similarly, ministers and parliamentary 
state secretaries are not yet under any unequivocal obligation to disclose potential conflict of interests on an 
ad  hoc  basis,  see  GRECO,  Fifth  Evaluation  Round  –  Compliance  Report,  recommendation  vi,  pp.  8-9. 
Section 49 of the Member of the Bundestag Act stipulates a requirement of ad-hoc disclosure for committee 
members and rapporteurs in committee meetings. 

155  Abgeordnetenwatch  (25  January  2024),  Controversial  secondary  activity:  how  Peter  Ramsauer  opened  the 
door  to  government  for  a  business  association;  Abgeordnetenwatch  (10  July  2023),  Secondary  activities: 
prominent  MPs  obviously  violated  the  law.  See  also  Parliament  reply  20/6919  to  Parliamentary  Question 
20/6696  on  Decisions  on  the  selection  of  staff  in  the  Federal  Ministry  of  Economy  and  the  Climate 
Protection. 

18 

 
 
systematic  oversight  and  enforcement,  which  remain  an  obstacle  in  practice156.  No 
information  is  available  or  has  been  reported  regarding  the  application  of  the  existing 
sanctions in practice during the reporting period, such as by the issuance of fines. Given the 
Parliament  Administration’s  limited  mandate  to  investigate  and  subordination  to  the 
Presidium of the Parliament, stakeholders continue to remark as in previous years the lack of 
a  fully  independent  oversight  body  or  ethics  committee  with  a  mandate  to  investigate 
breaches157. 

Weaknesses  remain  in  conflict  of  interest  and  asset  disclosure  rules  and  their 
enforcement in practice. In relation to top executives, there have been no developments to 
strengthen  oversight  and  to  increase  transparency  over  financial  and  business  interests  of 
federal  ministers,  parliamentary  state  secretaries,  state  secretaries  and  directors  general  to 
disclose  potential  conflicts  of  interest,  as  had  been  recommended  by  GRECO158.  Several 
cases  of  conflict  of  interests  have  raised  public  attention,  leading  to  calls  to  modernise  the 
rules  in  place  for  public  officials159.  The  Legal  Commission  of  the  Federal  Parliament’s 
Council  of  Elders  is  drafting  an  evaluation  report  on  interest  and  asset  disclosure  rules  for 
member of the Federal Parliament160. Their financial declarations do not extend to liabilities 
and  significant  assets,  such  as  shareholdings  in  private  enterprises  below  the  current 
threshold161.  Their  assets  and  financial  interests  are  only  subject  to  notification  if  the 
respective  member  is  in  charge  of  an  issue  in  a  parliamentary  committee,  while  being 
remunerated through a secondary activity162.  

New  rules  have  been  adopted  increasing  political  party  and  campaign  financing 
transparency.  On  14  December  2023,  the  Parliament  passed  amendments  to  the  law 
increasing  the  ceiling  of  state  subsidies  for  political  parties  as  well  as  the  level  of 

156  2023  Rule  of  Law  Report,  Country  chapter  on  the  rule  of  law  situation  in  Germany,  pp.  17-18.  See  also 
LobbyControl (2024), Lobby report 2024 and GRECO (2024), Fourth Evaluation Round - Addendum to the 
Second  Compliance  Report  on  Germany,  recommendation  (iv),  paras.  21-27,  pp.  5-6,  recognising  the 
general staff increase in the Parliament Administration assigned to the monitoring of the lobby register. 
157  Information received from LobbyControl and Transparency International in the context of the country visit 
to  Germany.  See  also  GRECO  Fourth  Evaluation  Round  –  Second  Interim  Compliance  Report  (22 
November 2022), 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. 

158  Information received from Ministry of Justice and Ministry of Interior in the context of the country visit to 
Germany.  The  related  GRECO  recommendation  (viii)  has  not  been  implemented,  see  GRECO  Fifth 
Evaluation Round – Compliance Report, pp. 12-13. 

159  LobbyControl  (21  February  2024),  Press  comment  on  the  hydrogen  affair,  and  (22  May  2023),  After 
Graichen:  7 key points  for  stricter  rules  in  the  event of  conflicts  of  interest.  Wirtschaftswoche  (22 August 
2023), How managers protect themselves from accusations of nepotism. 

160  Information  received  from  the  Parliament Administration  in  the  context  of  the  country  visit  to  Germany, 
parts of which may become public upon deliberations by the respective parliamentary Committee. Germany 
had already carried out an extensive internal review of its asset declarations rules in 2021-2022 that GRECO 
accepted as meeting its recommendation (iii) of the Fourth Evaluation Round, Evaluation Report.  

161  Members of the Parliament are obliged to disclose shareholdings above five percent in private corporations 

or partnerships, with certain exceptions. See section 45(2)(6), 45(3) Member of the Bundestag Act.  

162  2023, 2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 18-19 
(2023)  p.  14  (2022)  and  p.  10  (2021).  Between  2005-2021,  ten  fines  have  been  imposed  for  serious 
violations,  which  have  been  made  public  by  the  President  of  the  Parliament,  see Abgeordnetenwatch  (26 
February  2022),  Members  of  Parliament  breached  transparency  rules  a  hundred  times  -  without 
consequences.  Fines  can  be  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). 

19 

 
 
transparency  in  party  finance163.  This  comes  partly  in  response  to  a  Constitutional  Court 
ruling  in  January  2023164.  The  amendments  further  provide  new  rules  regulating  party 
sponsoring and hidden party campaign finance by other persons at federal and Länder level, 
increasing  overall  transparency  in  party  financing165.  Stakeholders  consider  the  legislative 
reform  as  promising,  although  they  noted  a  lack  of  a  maximum  ceiling  for  party  and 
campaign donations, which risks affecting the level playing field, since large-scale companies 
would  have  proportionally  higher  influence  possibilities166.  In  practice,  four  administrative 
lawyers  are  competent,  including  the  head  of  the  party  finance  division  of  the  Parliament 
Administration for the general control of potential infringements and administrative offences, 
including  on  party  and  campaign  finance167.  The  Parliament  Administration  also  does  not 
have access to donors’ tax information to be able to cross-check data during the verification 
process of statements of accounts of political parties168. Stakeholders continue to regard this 
lack of investigative powers and limited human resources as problematic to ensure effective 
responses  in  practice169,  proposing  the  establishment  of  an  independent  control  body170.  A 
further concern in practice relates to the continuing significant time lapse between the actual 
party income and its reporting171. 

New  legislation  on  whistleblower  protection  has  entered  into  force.  A  new  law  for 
enhanced protection of whistleblowers entered into force on 2 July 2023, aiming to transpose 
the EU Whistleblower Directive. The material scope of the German law is wider than that of 
the Whistleblower Directive since it also encompasses, among others, breaches related to all 

163  Law  amending  the  law  for  political  parties  (20/9147).  The  initiative  falls  into  the  competence  of  the 
Parliament.  A  first  reading  has  taken  place  in  November  2023.  See  in  this  context  also  Transparency 
International-Deutschland (27 November 2023), Statement on the hearing for the Political Parties Act.  

164  For  unscheduled,  additional  increases  there  are  strict  regulations  in  place,  which  the  Constitutional  Court 

confirmed in its ruling of 24 January 2023, 2 BvF 2/18.  

165  The  threshold  for  donation  reporting  requirements  was  lowered  from  EUR  50 000  to  EUR  35 000.  Party 
sponsorship  must  now  be  disclosed  in  annual  reports.  Campaigning  by  other  persons,  e.g.  through 
advertisements, is considered a donation after notification and no distancing by the party.  

166  Information  received  from  LobbyControl/Transparency  International-Deutschland  in  the  context  of  the 
country visit to Germany. LobbyControl (7 November 2023), Party financing: coalition and CDU agree, but 
a  party  donation  cap  is  missing.  See  also  Transparency  International-Deutschland  (27  November  2023), 
Statement on the hearing for the Political Parties Act. 

167 The Parliament Administrations’ human resources were further increased in 2023 in support of its oversight 
and  monitoring  functions.  In  2022-2023,  the  human  resources  increased  from  4  to  10  staff  members,  of 
which 9 are permanent positions for the control of lobby register. However, this staff increase is primarily 
meant to enhance oversight over the lobby register, not political party, and campaign finance. Information 
received from the Parliament Administration in the context of the country visit to Germany. 

168  Concerns are flagged in UNCAC Country Review Report of Germany, Review cycle 2016-2021, p. 67. 
169  Sueddeutsche Zeitung (10 October 2023), CDU: voluntary disclosure due to party  donation to the Cologne 
district association; Tagesschau (10 October 2023), Suspicion of corruption at Cologne CDU; LobbyControl 
(13 September 2023), Party financing: Gröner donations to the CDU. 

170  Transparency  International-Deutschland  (27  November  2023),  Statement  on  the  hearing  for  the  Political 
Parties Act,  suggesting  the  creation  of  a  Lobbying  Supervisor  (similar  to  the  Data  Protection  Supervisor) 
vested with investigative competences to launch ex-officio verification proceedings for the control of party 
finance, lobbying and compliance with the register, side incomes of public officials, and revolving doors.  
171  2023, 2022 and 2021 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 19 
(2023),  p.  15  (2022)  and  p.  10  (2021).  See  Transparency  International-Deutschland  (27  November  2023), 
Statement on the hearing for the Political Parties Act; LobbyControl (2023), Party donations are increasing, 
the lack of transparency remains, noting that party accountability reports covering 2021 were only published 
in 2023. 

20 

 
 
types  of  corruption  crimes  without  the  need  of  a  link  to  the  EU  budget172.  Several  internal 
reporting  structures  exist  at  the  Federal  Government  level,  including  in  anti-corruption 
units173.  The  central  external  reporting  channel  for  public  and  private  sector  matters 
concerning  the  Federal  and  the  Länder  level  is  administered  by  the  Federal  Office  for 
Justice174.  Stakeholders  consider 
to  supporting 
whistleblower  reports  to  uncover  large-scale  corruption,  economic  crimes,  and  other 
wrongdoings175, noting however that the Länder are still in the process of setting-up internal 
reporting  channels  with  varying  degrees  of  readiness  so  far176.  According  to  federal  police 
statistics, in 2023, 63.5% of corruption investigations were initiated on the basis of external 
information and public disclosures177.  

legal  framework  essential 

the  new 

Proposals  to  modernise  public  procurement  rules  are  still  under  preparation. 
Businesses’ attitudes towards corruption in the EU show that 17% of companies in Germany 
(EU average 27%) think that corruption has prevented them from winning a public tender or 
a public procurement contract in practice in the last three years178. The legislative package to 
simplify,  digitalise  and  speed  up  public  procurement  procedures  is  still  planned  to  be 
submitted  to  Parliament  in  2024179.  The  initiative,  which  is  part  of  the  Government’s 
coalition agreement, was overall welcomed by stakeholders as having the potential to increase 
transparency and thus prevent corruption in public contracting180.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In  Germany,  the  Basic  Law,  complemented  by  the  relevant  jurisprudence  of  the 
Constitutional  Court  and  secondary  legislation  form  a  well-established  legal  framework, 
guaranteeing media freedom and pluralism as well as the right of access to information. The 
main legislative competence in the area lies with the Länder, which conclude state treaties to 

172  Input  from  Germany  for  the  2024  Rule  of  Law  Report,  p.  23,  including  apart  from  all  crimes  also 

misdemeanours in as much as they concern important legal interests. 

173  At the federal level, the Federal Office for Justice and also the ‘Bundesanstalt fuer Finanzdienstleistung’ and 

the ‘Bundeskartellamt’ provide reporting channels.  

174  According to input from Germany for the 2024 Rule of Law Report, p. 23, in the period since enforcement 
on  2  July  2023 until  30  November  2023,  of  the  309  disclosure  reports  received  by  the  Federal  Office  for 
Justice,  19  proceedings  have  already  been  dealt  with,  while  23  cases  have  been  transferred  to  other 
competent  authorities.  Whistleblowers  have  the  option  to  report  either  to  internal  or  external  reporting 
channels,  while  going  public  must  be  last  resort,  unless  there  is  an  imminent  danger  or  risk  of  losing 
evidence. 

175  Information  received  from  the  Prosecution  service/Allianz  Rechtssicherheit/Bündnis  Bürgerschaftliches 
Engagement in the context of the country visit to Germany. Whistleblowers helped to unveil the Cum-Ex, 
Wirecard  and  tax  leaks.  Frankfurter  Rundschau  (2023),  Despite  Wirecard  and  Cum-Ex:  no  protection  for 
whistleblowers. 

176  Information  received  from  Gesellschaft  für  Freiheitsrechte  in  the  context  of  the  country  visit  to  Germany, 
reporting that, e.g. Bavaria established quite many reporting channels, while Mecklenburg-Vorpommern has 
provided only one in its Ministry of Interior.  

177  Federal Criminal Office, Federal Situation Report Corruption 2022 (2023), p. 19.  
178  Flash  Eurobarometer  543  on  Businesses’  attitudes  towards  corruption  in  the  EU  (2024).  This  is  10 

percentage points below the EU average. 

179  Information received from Ministry of Justice and Ministry of Interior in the  context of the country visit to 
Germany. 2023 Rule of Law Report, Country chapter on the rule of law situation in Germany, pp. 20-21. 
180  Transparency  International-Deutschland  (14  February  2023),  Position  paper  for  the  public  consultation  on 

the transformation of public procurement  

21 

 
 
establish  a  common  media  policy  framework,  including  notably  the  State  Media  Treaty181. 
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 
freedom182. 

The  framework  regulating  the  state  media  authorities  and  media  ownership 
transparency  has  remained  stable;  in  addition,  reflections  on  revising  the  media 
concentration framework are ongoing. The independence of the 14 State media authorities 
functioning as regulatory authorities for commercial broadcasters at the Länder level remains 
guaranteed183.  As  regards  transparency  of  media  ownership,  obligations  are  in  place  for 
commercial  broadcasters,  online  news  media  and  the  press184.  As  reported  previously185, 
access  to  ownership  information  covering  television,  radio,  press,  and  online  media  is 
ensured via a public  database of the Commission  on Concentration in  the Media  (KEK)186. 
Since the 2023 Rule of Law Report, the Länder continued their deliberations on a revision of 
the media concentration framework, including  by holding a stakeholder consultation  on the 
matter187.  The  allocation  of  state  advertising  is  not  considered  to  be  a  problematic  issue  in 
Germany188.  

The  self-regulation  of  the  press  by  the  German  Press  Council  continues  to  be  well 
established, with an increase of reprimands issued in 2023. The Press Council, gathering 
the main journalists’ and publishers’ associations, continues to be a well-accepted actor in the 
German media landscape for print and increasingly also online media189. In 2023, the number 
of complaints  on press  publications received by the Press  Council increased slightly (1 850 
complaints received in 2023, compared to 1 733 in 2022 and a peak of 4 085 complaints in 
2020, linked to  the COVID-19 pandemic)190. At the same time, the number of non-binding 
public reprimands issued by the Press  Council increased from 47 in 2022 to 73 in 2023, of 
which  more  than  80%  have  been  published.  60%  of  these  reprimands  related  to  either 
violations in relation to journalistic due diligence or violations of the protection of privacy as 
defined in the Press Code191. 

Stronger  compliance  safeguards  for  public  service  broadcasters  were  agreed  in  2023, 
with  a  proposal  for  further  reform  of  the  system  set  to  be  presented  in  autumn  2024. 
The independence of the public service broadcasters remains ensured. The 4th amendment to 

181  The state treaties on media do not regulate the press (except for the digital press). There are press laws at the 

level of the Länder. 

182  Germany ranks 10th in the 2024 Reporters Without Borders World Press Freedom Index, compared to 21st in 

the previous year. 

183  2024 Media Pluralism Monitor, p. 13. 
184 The indicator on transparency of media ownership of the 2024 Media Pluralism Monitor shows a low risk. 

2024 Media Pluralism Monitor, p. 15; 2023 Media Pluralism Monitor, p. 13. 

185  2023 Rule of Law Report, Country chapter on the rule of law situation in Germany, p. 22. 
186  KEK (2024), Media concentration. 
187  Input  from  Germany  for  the 2024  Rule  of  Law  Report,  p.  38. 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. 

188  2023  Media  Pluralism  Monitor,  p.  17;  Euromedia  Ownership  Monitor  (2022),  Country  report  Germany; 

Input from Reporters Without Borders for the 2024 Rule of Law Report, p. 17. 

189  This was further confirmed by information received from German Association of Journalists and the German 
Newspaper Publishers and Digitalpublishers Association in the context of the country visit to Germany. 

190  Press Council (2024), Annual Report 2023. 
191  Press Council (2024), Annual Report 2023, pp. 2-5. 

22 

 
 
the  State  Media  Treaty  entered  into  force  at  the  beginning  of  2024  and  aims  at  further 
strengthening the independent supervisory committees of the public service broadcasters and 
improving  mechanisms  for  compliance,  transparency,  and  the  prevention  of  conflicts  of 
interest192. The revision follows  the 2022 scandal  relating  to  allegations of  mismanagement 
concerning the public service broadcaster for Berlin and Brandenburg (RBB)193.. As regards 
financing,  based  on  the  financial  needs  declared  by  the  public  service  broadcasters,  the 
Commission for the determination of the financial needs of public service broadcasters (KEF) 
recommended  in  February  2024  to  raise  the  monthly  licence  fee  for  the  public  service 
broadcasters by 3.2% to EUR 18.94 from 2025 onwards194. As part of the third stage of the 
procedure  provided  by  law  for  setting  the  broadcasting  fee,  there  are  statements  in  several 
Länder  which  argue  for  maintaining  the  fee  at  the  current  level195.  The  margin  to  deviate 
from  the  KEF's  recommendation  is  limited  due  to  the  jurisprudence  of  the  Federal 
Constitutional  Court196.  Furthermore,  there  is  an  on-going  reform  discussion  between  the 
Länder on possible changes to the public service broadcasting system. The recommendations 
of  a  Board  of  independent  experts  commissioned  by  the  Broadcasting  Commission  of  the 
Länder  on  the  future  of  public  service  broadcasting  serve  as  an  impetus  for  the  reform 
discussion  197.  For  further  discussions,  the  Broadcasting  Commission  of  the  Länder  also 
requested an evaluation  conducted by the KEF on the potential financial impact of possible 
reforms  concerning  the  scope  of  remit  and  structures  of  public  service  broadcasters198.  The 
Länder  are  aiming  to  present  a  reform  of  the  provisions  concerning  the  public  service 
broadcasters by autumn 2024199.  

While the Federal Government intends to present in 2024 a proposal to establish in law 
the right to information of the press as regards federal authorities, no further progress 
has been made so far. The 2023 Rule of Law Report recommended to Germany to ‘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 document’200, which 
was part of the coalition agreement of the Federal Government in 2021201. While the right of 
the press to access information is guaranteed at regional level in the press laws of all Länder 
and at national level based on the Constitution, stakeholders continue to highlight gaps in the 

192  4th Amending Treaty to the State Media Treaty (2023).  
193  2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 23. 
194  KEF  (2024),  24th  report.  With  its  recommendation  the  KEF  remained  about  EUR  1  below  the  declared 

financial needs the public service broadcasters had declared.  

195  State  Parliament  of  Saxony  (2024)  Position  paper  from  the  Presidents  of  the  state  parliaments  of 
Brandenburg,  Saxony,  Saxony-Anhalt,  and  Thuringia  to  reform  public  service  broadcasting;  Broadcasting 
Commission (2024), Protocol declaration from the Free State of Bavaria. 

196  Constitutional  Court,  20  July  2021,  Order  of  the  First  Senate  of  -  1  BvR  2756/20  -,  paras.  1-119; 

Contribution from Reporters Without Borders for the 2024 Rule of Law Report, p. 16. 

197  The council provided 10 main recommendations to modernise the system as regards the remit, offer and the 
internal structure of the public service broadcasters. Zukunftsrat (2024), Report of the Council for the future 
development of public service broadcasting. 

198  Broadcasting Commission (2024), Special evaluation on the relevance of possible reform approaches on the 

licence fee. 

199  Broadcasting  Commission  (2024),  Meeting  of  the  Broadcasting  Commission  of  the  Länder  25/26  January 
2024;  Information  received  from  the  representatives  of  the  Länder  in  the  context  of  the  country  visit  to 
Germany. 

200  2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 3. In the 2023 Rule of 
Law Report, the Commission concluded that ‘some progress’ had been made on the 2022 recommendation.  

201  Coalition Agreement 2021-2025, p. 124. 

23 

 
 
legal framework regarding the access to information from federal authorities202. This is also 
supported by the Federal Commissioner for Data Protection and Freedom of Information and 
the  Conference  of  the  Commissioners  for  Freedom  of  Information  of  the  Länder,  who  are 
calling for a federal press law providing journalists with a right to access information and are 
also calling for a more uniform approach at the level of the  Länder203. As also noted in the 
2023  Rule  of  Law  Report,  the  Federal  Government  maintains  its  plan  to  establish  in  law  a 
right to information of the press as regards federal authorities and has indicated that it intends 
to  present  a  legislative  proposal  in  2024204.  As  no  concrete  information  is  available  on  the 
preparations  of  this  legislative  proposal,  no  further  progress  has  been  made  on  the 
recommendation made in the 2023 Rule of Law Report. 

Authorities  and  journalists  cooperate  to  address  risks  to  the  safety  of  journalists,  in 
view  of  concerns  related  to  an  increasingly  hostile  perception  in  society  of  journalists 
and media, manifesting itself in hate speech and violence. Since July 2023, the Council of 
Europe Platform to promote the protection of journalism and safety of journalists registered 
six  alerts  concerning  Germany205.  The  Mapping  Media  Freedom  project  recorded  92  alerts 
related  to  media  freedom  in  Germany  in  2023  (compared  to  87  alerts  in  2022  and  119  in 
2021)206.  Preliminary  police  statistics  for  2023  indicate  a  total  of  290  registered  criminal 
offences in the broad target category ‘media’, showing a slight decrease (compared to 320 in 
2022  and  276  cases  in  2021)207.  Protests  continue  to  be  a  focal  point  for  violent  incidents 
against  journalists208.  Journalists  and  media  representatives  report  that  journalists  are 
increasingly  the  subject  of  hate  speech  and  physical  attacks209.  Reporters  Without  Borders 
notes  that  the  situation  of  press  freedom  in  Germany  has  not  fundamentally  changed 
compared to the previous year. As a result of the sharp decline in anti-COVID measures and 
right-wing  extremist  demonstrations,  the  number  of  physical  attacks  against  media  workers 
decreased in 2023 with 41 attacks compared to 103 in 2022210. Among the actions targeting 
media outlets, there have also been blockades against print and distribution centres of press 
outlets  and  protests  in  front  of  media  offices211.  Reports  suggest  that  police  authorities 

202  Contribution from the Civil Liberties Union for Europe for the 2024 Rule of Law Report, pp. 13-16; 2023 
Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Germany,  p.  24;  2022  Rule  of  Law 
Report, Country Chapter on the rule of law situation in Germany, p. 19. 

203  BfDI (2023), IFK calls for a modern federal press law; BfDI (2024), IFK demands a uniformly high level of 

transparency in the federal and regional governments. 

204  Input from Germany for the 2024 Rule of Law Report, p. 33. 
205  The  alerts  relate  to  intimidation,  physical  attacks,  and  surveillance.  Platform  to  promote  the  protection  of 

journalism and safety of journalists (coe.int). 

206  Media Freedom Rapid Response (2023), Mapping Media Freedom  – Monitoring Report 2023, p. 4. 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.  

207  These  290  cases  include  30  cases  of  threats,  and  25  cases  of  violent  offences,  of  22  qualified  as  personal 
injuries.  Bundestag  (2024),  Reply  of  the  German  Federal  Government  to  a  Parliamentary  Question  on 
attacks on media professionals (Drucksache 20/11127).  

208  Input from Reporters Without Borders for the 2024 Rule of Law Report, p. 19. See for example dju in ver.di 
(25  January  2024),  Ver.di  union  condemns  cowardly  attack  on  press  representatives  at  the  pro-Palestine 
demonstration in Leipzig. 

209  Contribution  from  ZDF  for  the  2024  Rule  of  Law  Report,  p.  20.  Information  received  from  the  German 
Association  of  Journalists  and  the  German  Newspaper  Publishers  and  Digitalpublishers Association  in  the 
context of the country visit to Germany. 

210  Reporters Without Borders: Country Report Germany 2024. 
211  BDZV (5 February 2024), BDZV condemns the blockade in front of the Hamburg press distribution centre; 

dju in ver.di (5 February 2024), ver.di: ‘Call to all of us to defend freedom of the press!’.  

24 

 
 
generally react appropriately to attacks against journalists212. There continue to be efforts by 
the  authorities  to  address  issues  related  to  aggression  against  journalists,  including  for 
example training for police officers213. The long-discussed update of the  existing  principles 
on  conduct  for  the  media  and  the  police  could  potentially  be  agreed  in  2024214.  Media 
representatives  highlight  that  the  increased  risk  of  physical  attacks  may  impact  journalistic 
reporting, in particular of smaller media outlets at local level that might be unable to send out 
a  sufficiently  strong  team  to  cover  an  event  with  an  increased  risk215.  The  2024  Media 
Pluralism Monitor continues to show an overall low risk for its indicator on the journalistic 
profession, standards, and protection, but underlines increasing concerns related in particular 
to attacks on journalists216. 

While the professional environment for journalists remains good, stakeholders see room 
for  further  improvement  by  abolishing  the  prohibition  of  verbatim  publication  of 
official documents in criminal proceedings.  Strategic lawsuits against public participation 
targeting journalists are generally not a concern in the German media environment. However, 
some  civil  society  organisations  continue  to  flag  that  there  are  some  cases  of  abusive  legal 
measures  targeting  journalists  intended  to  deter  them  from  reporting217,  which  may  in 
particular intimidate smaller outlets or freelance journalists. A broad coalition of civil society 
and  journalist  associations  is  also  calling  for  changes  to  the  Criminal  Code  prohibiting  the 
verbatim  publication  of  official  documents  in  criminal  proceedings  before  they  have  been 
discussed  in  a  public  hearing  or  the  proceedings  have  been  concluded,  arguing  that  this 
prohibition could restrict reporting and constitutes an unjustified limitation on the freedom of 
the  press,  raising  questions  as  regards  its  constitutionality  and  compatibility  with  the 
European Convention of Human Rights218. 

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  Law219  and  the 
constitutions  of  the  Länder.  At  the  federal  level,  federal  legislative  power  is  vested  in  the 

212  Information  received  from  the  German  Association  of  Journalists  in  the  context  of  the  country  visit  to 
Germany. However, there are also some exceptions reported as regards the appropriateness of the reaction 
from police authorities. See MDR (8 February 2024), Eisenach police takes action against journalists; DJV 
(8 February 2024), No criminalisation of journalists.  

213  Input from Germany for the 2024 Rule of Law Report, p. 39. 
214  Input from Germany for the 2024 Rule of Law Report, p. 39; Information received from the German Press 

Council in the context of the country visit to Germany. 

215  Information  received  from  the  German  Newspaper  Publishers  and  Digitalpublishers  Association  in  the 
context of the country visit to Germany. European Centre for Press & Media Freedom (2023), Enemy image 
journalist No 7: The occupational risk of proximity, pp. 29-34. 

216  2024 Media Pluralism Monitor, p. 12. 
217  Contribution  from  Reporters  Without  Borders  for  the  2024  Rule  of  Law  Report,  pp.  19-20;  Contribution 
from  Gesellschaft  für  Freiheitsrechte  as  part  of  the  Civil  Liberties  Union  for  Europe  for  the  2024  Rule of 
Law Report, pp. 15-16. 

218  Joint statement by 7 civil society and journalist association (2024), Criminal law reform to abolish Section 
353d  No.  3  StGB.  This  is  also  illustrated  by  an  on-going  case  against  the  editor-in-chief  of  the  NGO 
FragDen Staat, in which the defendant, supported by FragDenStaat and the Gesellschaft für Freiheitsrechte, 
has applied for a stay of proceedings to submit §353d of the Criminal Code to the Constitutional Court to 
review  its  constitutionality  (Society  for  Civil  Rights  (1  December  2023),  Letter  to  the  Public  Prosecutor's 
Office of Berlin). 
219  Art. 20. Basic Law.  

25 

 
 
Federal  Parliament  (Bundestag)  and  the  representative  body  of  the  Länder  (Bundesrat)220. 
The  Government,  the  Bundesrat  or  members  of  the  Bundestag  can  submit  legislative 
proposals221.  Constitutional  review  is  ensured  by  the  Federal  Constitutional  Court  and  the 
constitutional  courts  of  the  Länder.  The  German  Human  Rights  Institute,  which  is  the 
national  human  rights  institution,  and  the  Federal  Anti-Discrimination  Agency,  which 
functions as the equality body, contribute to upholding fundamental rights.  

Timeframes  for  stakeholder  consultations  at  federal  level  vary  in  practice  while  the 
commitment to create  a single portal for all legislative proposals remains outstanding. 
The  joint  rules  of  procedure  of  the  Federal  Ministries  recommend  a  consultation  period  on 
legislative  drafts  of  four  weeks222.  However,  stakeholders  report  that  consultation  periods 
continue  to  vary  in  practice  and  are  often  significantly  shorter  than  the  recommended  four 
weeks,  with  a number of important  and complex initiatives being  submitted to  consultation 
for only a few days or even hours223. No concrete steps have been taken so far to follow-up 
on  the  commitment  in  the  coalition  agreement  to  create  single  portal  for  all  legislative 
proposals224,  meaning  that  legislative  drafts  are  published  across  individual  Ministries’ 
websites and there is no information provided about consultation procedures in a centralised 
manner225. As regards the legislative process in Parliament, on 5 July 2023 the Constitutional 
Court  granted  an  emergency  injunction  requested  by  an  opposition  party  to  prevent  the 
adoption  of  a  specific  law  within  the  on-going  parliamentary  week,  which  had  been 
substantially amended in the parliamentary process, with only a week foreseen between these 
changes  and  adoption.  The  Court  found  that  the  potential  for  the  violation  of  the  right  to 
equal  participation  to  the  decision-making  process  as  a  member  of  Parliament  was  not 
manifestly unfounded, in particular concerning the envisaged timing of the second and third 
reading226. A decision in the main proceedings is pending.  

On  1  January  2024,  Germany  had  10  leading  judgments  of  the  European  Court  of 
Human  Rights  pending  implementation,  a  decrease  of  two  compared  to  the  previous 

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

emanate from the Government.  

222  Joint  Procedural  Rules  of  the  Federal  Government,  §45-50.  Germany  overall  performs  slightly  below 
average  in  indicators  on  stakeholder  consultations.  OECD  (2022),  Indicators  of  Regulatory  Policy  and 
Governance  Europe  2022  –  Germany.  Only  16  %  of  the  surveyed  investors  perceive  frequent  changes  in 
legislation  or  concerns  about  quality  of  law-making  process  as  a  reason  for  the  lack  of  confidence  in 
investment protection. Figure 56, 2024 EU Justice Scoreboard. 

223  For example, for the new Act on Federal Foreign Intelligence, only 24 hours were provided for stakeholders 
to respond. Contribution from the German Institute for Human Rights as part of ENNHRI for the 2024 Rule 
of Law Report, p. 7. See also the contribution from the German Bar Association, for the 2024 Rule of Law 
Report,  p.  19,  from  Gesellschaft  für  Freiheitsrechte  as  part  of  Civil  Liberties  Europe,  p.  17-18  (which 
provides further  examples)  and  from European  Civic  Forum  (2024),  Civic  Space  Report  2024  –  Germany 
(Maecenata Foundation), p. 197.  

224  2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 26.  
225  It is not foreseen to systematically publish stakeholder contributions on this portal, once created, but links to 
the  lobby  register  (where  stakeholder  contributions  can  be  accessed)  are  under  consideration.  Information 
received from the Federal Ministry of the Interior in the context of the country visit to Germany.  

226  Constitutional Court, 5 July 2023, Decision 2 BvE 4/23. The second and third reading were foreseen to take 
place two days after the adoption of the position of the responsible committee. It should be noted that the 
German constitution does not prescribe any minimum timeframes for the legislative process in Parliament.  

26 

 
 
year227.  At  that  time,  Germany’s  rate  of  leading  judgments  from  the  past  10  years  that 
remained  pending  was  at  33%  (compared  to  43%  in  2023)  and  the  average  time  that  the 
judgments had been pending implementation was 4 years (compared to 4 years and 2 months 
in 2023)228. The oldest leading judgment, pending implementation for 7 years, concerns the 
lack  of  compensation  for  the  adverse  effects  of  partial  expropriation  of  a  property229.  As 
regards  the  respect  of  payment  deadlines,  on  31  December  2023  there  was  1  case  in  total 
awaiting  confirmation  of  payments  (compared  to  none  in  2022)230.  On  1  July  2024,  the 
number of leading judgments pending implementation had increased to 11231. 

The  German  Institute  of  Human  Rights  was  re-accredited  with  A-status  in  October 
2023. As part of the reaccreditation, the Subcommittee on accreditation (SCA) of the Global 
Alliance  of  Human  Rights  Institutions  (GANHRI)232  encouraged  the  German  Institute  for 
Human Rights to continue advocating for strengthening its protection mandate233, to make the 
two  rapporteur  mechanisms  on  trafficking  in  human  beings  and  on  gender-based  violence 
permanent,  and  to  strengthen  and  seek  a  formalisation  of  its  engagement  with  the  Federal 
Parliament  including  participation  in  Parliamentary  hearings234.  Furthermore,  the  SCA 
encouraged  the  Institute  to  continue  calling  for  changes  in  its  governance  structure  with 
regards to political representatives on the Board of Trustees235 and the term of office of the 
Board  of  Directors236.  As  noted  in  the  2023  Rule  of  Law  Report,  the  Institute  does  not  yet 
have  a  horizontal  mechanism  to  monitor  implementation  of  its  recommendations  by  the 
public  authorities;  itis  looking  into  developing  this  in  the  future  although  it  has  not 

227  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. 

228  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  2024.  See  the  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, p. 4. 

229  Judgment of the European Court of Human Rights of 19 April 2018,  Werra Naturstein GMBH & KO KG v 

Germany, 32377/12, pending implementation since 2017. 

230  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 137.  

231  Data according to the online database of the Council of Europe (HUDOC). 
232  Contribution  from  the  German  Institute  for  Human  Rights  as  part  of  ENNHRI  for  the  2024  Rule  of  Law 

Report, pp. 3-4.  

233  This would include strengthening the investigation function and the powers to access information and data, 
as well as to monitor places of deprivation of liberty.  Global Alliance of Human Rights Institutions (2023) 
Sub-Committee on Accreditation Report – September & October 2023, p. 12. 

234  Ibid., p. 12.  
235  Two voting members of the Institute’s Board of Trustees are members of  the Federal Parliament. The SCA 
noted that the Board of Trustees is also an organ of the Institute that takes some important decisions and that 
a  national  human  rights  institution  is  required  to  be  independent  of  Government  in  its  composition, 
operation, and decision making. Therefore, government representatives and members of Parliament should 
not be members of or participate in the decision-making of organs of an NHRI. Ibid., p. 13. 

236  The  SCA  reiterated  its  concern  that  the members of  the  Board  of  Directors  are  appointed  for  a  renewable 
period  of  four  years  and  without  the  term  limits  being  defined  in  legislation.  The  SCA  considered  it 
preferable for the term of office to be limited to one reappointment. Ibid., p. 14. 

27 

 
 
experienced issues in this respect237. The Institute considers its financial and human resources 
adequate to allow it to carry out its tasks238. 

There  has  been  no  progress  yet  to  address  the  uncertainty  regarding  the  tax-exempt 
status of non-profit organisations and practical concerns resulting from this persist. The 
2023 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’239.  The  Government  has 
repeated its general commitment to present a reform in the course of 2024 and has set-up an 
inter-ministerial working group to discuss new regulations240, which it intends to still apply in 
2024. However, no concrete steps have been taken at this stage. In the meantime, civil society 
organisations (CSOs) continue to experience negative consequences of the uncertainty related 
to  their  tax  status241  when  engaging  in  ‘political  activity’,  even  if  this  activity  is  only  of 
occasional nature242. The fear of loss of tax-exempt status as well as very lengthy processing 
times for a decision by the tax authorities243 can have a chilling effect on CSOs’ willingness 
to  participate  in  public  debate244.  This  has  become  especially  salient  in  2023  and  2024  in 
relation to the question as to whether non-profit organisations may call for participation in or 
organise  protests  in  defence  of  democratic  values245.  A  lack  of  or  loss  of  the  tax-exempt 
status can have negative financial impacts as regards donations246 and access to other public 
sources  for  funding,  for  which  it  is  often  a  pre-condition247.  A  letter  was  sent  by  over  100 
CSOs to the Government on 18 June 2024, reiterating these concerns and the urgent need for 

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

Germany. 

238  Ibid.  
239  2022 and 2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 2. The 2023 
Rule of Law Report concluded that ‘no progress’ had been made on the 2022 recommendation addressed in 
the 2022 Rule of Law Report.  

240  The commitment had first been expressed in the 2021 coalition agreement. Coalition Agreement 2021-2025, 
p. 117. Information received from the Ministry of Finance in the context of the country visit to Germany.  
241  Contribution from Gesellschaft für Freiheitsrechte as part of Civil Liberties Europe for the 2024 Rule of Law 
Report,  pp.  20-22.  European  Civic  Forum  (2024),  Civic  Space  Report  2024  –  Germany  (Maecenata 
Foundation),  p.  190.  Contribution  from  the  German  Institute  of  Human  Right  as  part  of  ENNHRI  for  the 
2024  Rule  of  Law  Report,  p.  2.  See  also  the  work  of  ‘Allianz  Rechtssicherheit’,  an  alliance  of  over  200 
German NGOs advocating for a reform of the tax code, such as the Allianz Rechtssicherheit’s statement of 
12 December 2023: Unclear non-profit law endangers civil society freedom.  

242  According to the case law of the Federal Fiscal Court,  tax-exempt civil society organisations to engage in 
political  matters  if  strictly  necessary  to  pursue  the  activities  included  in  the  Fiscal  Code.  However,  in 
practice  this  situation  leaves  significant  discretion  to  individual  tax  authorities.  Contribution  from 
Gesellschaft für Freiheitsrechte as part of Civil Liberties Europe for the 2024 Rule of Law Report, p. 21.  
243  Such  as  in  the  case  of  the  Democratic  Center  in  Ludwigsburg,  where  it  took  over  three  years  for  the  tax 
authorities to decide on a reversal of an initial decision to withdraw the tax-exempt status, which had been 
taken  after  the  centre  had  breached  the  principle  of  neutrality  by  taking  a  clear  stance  against  right-wing 
extremism. Contribution from Gesellschaft für Freiheitsrechte as part of Civil Liberties Europe for the 2024 
Rule of Law Report, p. 21.  

244  Gesellschaft für Freiheitsrechte, Legal opinion: European human rights guarantee the political participation 

of civil society organisations.  

245  Allianz Rechtssicherheit (2024), Can associations protest against right-wing extremism?  
246  European Civic Forum (2024), Civic Space Report 2024 – Germany (Maecenata Foundation), p. 190.  
247  Contribution from Gesellschaft für Freiheitsrechte as part of Civil Liberties Europe for the 2024 Rule of Law 

Report, p. 22. 

28 

 
 
a reform248. Beyond a clarification and expansion of the applicable rules regarding political 
activity,  civil  society  continues  to  call  for  an  extension  of  the  types  of  activities  that  can 
qualify as ‘charitable’ under the tax code, in particular as regards the support of fundamental 
rights, peace and social justice249. It should be recalled that, according to European standards, 
any  form  of  public  support  for  civil  society  organisations  should  be  governed  by  clear  and 
objective criteria250. Overall, there has been no progress yet on the recommendation made in 
the previous years.  

The overall situation of civic space has seen some deterioration, with certain restrictions 
related  to  the  right  to  protest  being  subject  to  judicial  review.  In  December  2023, 
Germany’s civic space rating was downgraded from ‘open’ to ‘narrowed’251 in particular due 
to  restrictions  on  protests252.  For  example,  pre-emptive  blanket  bans  on  protests  have  been 
issued  by  municipalities  for  periods  of  up  to  six  months,  which  in  many  cases  were  later 
struck  down  by  administrative  courts  as  being  disproportionate253  and  civil  society 
organisations  have  documented  281  cases  of  concerns  related  to  protests  and  individuals 
taking place between October 2023 and March 2024254. Civil society organisations have also 
raised concerns about the use of pre-emptive detention against protestors255, and the case of 
an  organisation  engaged  in  acts  of  civil  disobedience  being  targeted  under  suspicion  of 
forming or supporting a criminal organisation256. Certain techniques used by the police in the 
context  of  protests  are  subject  to  legal  challenge257.  Restrictions  provided  for  in  assembly 

248  Letter of 24 June 2024 by 110 local civil society organisations to the Federal Chancellor.  
249  See Allianz Rechtssicherheit, ‘Demands for changing the legal situation’, in particular number one and five. 
Civil  society  organisations  are  further  affected  by  the  ‘reverse  burden  of  proof’  in  cases  where  their  tax-
exempt status is automatically revoked due to being mentioned, even once, in the reports of the intelligence 
services  of  the  Federal  Government  or  the  Länder;  however,  sources  of  these  reports  are  generally 
confidential and therefore limited possibilities to refute such assertions exist.  

250  Recommendation  CM/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.  

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

obstructed, repressed, and closed.  

252  CIVICUS Monitor Press Centre – Germany. See also Brot für die Welt (2024), Atlas of civil society; Green 
Legal Spaces Report (2023), Limitation of political participation rights of the German climate movement.  
253  Since  the  end  of  2022,  several  cities,  including  Munich,  Aschaffenburg,  Nuremberg,  and  Braunschweig, 
have imposed bans of long duration on climate protests, leading to fines of up to EUR 3 000 for violations. 
The Federal Administrative Court has also in the past found blanket bans on protests to be unconstitutional. 
Contribution  from  Gesellschaft  für  Freiheitsrechte  a  spart  of  Civil  Liberties  Europe,  p.  22-23.  Other 
instances  of  blanket  protest  bans  concerned  protests  related  to  the  situation  in  the  Middle  East,  several  of 
which were later annulled as disproportionate by local administrative courts. Contribution from the German 
Institute for Human Rights as part of ENNHRI, p. 9. Franet (2024), Country research  - Legal environment 
and  space  of  civil  society  organisations  in  supporting  fundamental  rights  –  Germany.  For  further 
information, see also European Civic Forum (2024), Civic Space Report 2024, pp. 362-366.   

254  European Civic Forum (2024), Civic Space Report 2024, pp. 362-366.  
255  Contribution  from  European  Civic  Forum  for  the  2024  Rule  of  Law  Report,  p.  5,  Contribution  from  the 

German Institute for Human Rights as part of ENNHRI, p. 9.  

256  As  set  out  in  §129  of  the  Criminal  Code.  European  Civic  Forum  (2024),  Civic  Space  Report  2024  – 
Germany (Maecenata Stiftung), p. 191. Contribution from the German institute for Human Rights as part of 
ENNHRI for the 2024 Rule of Law Report, p. 8. Contribution from Gesellschaft for Freiheitsrechte as part 
of Civil Liberties Europe for the 2024 Rule of Law Report, pp. 22-23. 

257  For  example,  in  October  2023  a  case  has  been  filed  with  the  Berlin  administrative  court  to  review  the 
legality  of  the  specific  measures  used  by  police,  supported  by  the  Gesellschaft  für  Freiheitsrechte. 
Contributions  from  Gesellschaft  für  Freiheitsrechte  as  part  of  Civil  Liberties  Europe  for  the  2024  Rule  of 
Law Report, p. 28 and German Institute for Human Rights as part of ENNHRI p. 10 for the 2024 Rule of 

29 

 
 
 
laws  in  some  Federal  states  have  also  come  under  scrutiny  with  a  constitutional  complaint 
pending  against the assembly law in  Nordrhein-Westfalen258. As  regards access  to funding, 
the  draft  democracy  promotion  law  aimed  at  providing  more  structural  Federal  funding  for 
civil  society  organisations  engaged  in  democracy  promotion  activities,  which  had  been 
submitted  to  Parliament  in  December  2022259,  has  so  far  not  advanced  further  towards 
adoption  and  remains  at  committee  stage260.  Furthermore,  the  Government  has  continued 
work on the preparation of an ‘engagement strategy’ in close cooperation with civil society 
organisations,  which,  following  a  year-long  consultation  process  from  December  2022  to 
December 2023, is set to be adopted by the Federal Government before the end of 2024, and 
will provide a framework to facilitate and support voluntary engagement261.  

Law Report. European Civic Forum (2024), Civic Space Report 2024  – Germany (Maecenata Stiftung), p. 
192.  

258  Constitutional  Court  Nordrhein-Westfalen  (2023),  Constitutional  complaints  against  assembly  law  NRW 
registered. Contribution from the German Institute for Human Rights as part of ENNHRI for the 2024 Rule 
of  Law  Report,  pp.  8-9.  European  Civic  Forum  (2024),  Civic  Space  Report  2024  –  Germany  (Maecenata 
Stiftung), p. 192. 

259  2023 Rule of Law Report, Country Chapter on the rule of law situation in Germany, p. 28.  
260  European Civic Forum (2024), Civic Space Report 2024 – Germany (Maecenata Stiftung), p. 196  
261  Information received from the Ministry for Family, Seniors, Women and Youth in the context of the country 
visit to Germany. See also Ministry for Family, Seniors, Women and Youth, Federal Engagement Strategy.  

30 

 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Abgeordnetenwatch (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 (2023), Income published: this is what the members of the Bundestag earn on the 
side  (Einkünfte  veröffentlicht:  das  verdienen  die  Abgeordneten  des  Bundestags  nebenher), 
https://www.abgeordnetenwatch.de/recherchen/nebentaetigkeiten/das-verdienen-die-abgeordneten-
des-bundestags-nebenher. 

Abgeordnetenwatch  (2023),  Secondary  activities:  prominent  MPs  obviously  violated  the  law 
(Nebentätigkeiten:  Prominente  Abgeordnete 
gegen  Gesetz), 
https://www.abgeordnetenwatch.de/recherchen/nebentaetigkeiten/prominente-abgeordnete-
verstiessen-offensichtlich-gegen-gesetz.  

offensichtlich 

verstießen 

Abgeordnetenwatch (2024), Controversial secondary activity: how Peter Ramsauer opened the door to 
government for a business association (Umstrittene Nebentätigkeit: Wie Peter Ramsauer einem 
Unternehmensverband die Tür zur Regierung öffnete), 
https://www.abgeordnetenwatch.de/recherchen/lobbyismus/wie-peter-ramsauer-einem-
unternehmensverband-die-tuer-zur-regierung-oeffnete.  

Abgeordnetenwatch (22 June 2023), Lobby register 2.0? Full lobby transparency still does not exist 
(Lobbyregister 
nicht), 
Lobbytransparenz 
https://www.abgeordnetenwatch.de/kampagnen/lobbyregister-20-volle-lobbytransparenz-gibt-es-
immer-noch-nicht. 

immer 

Volle 

noch 

2.0? 

gibt 

es 

ACAMS-moneylaundering.com  (2023),  After  Years  of  Turmoil,  Germany  Seeks  to  Reinvigorate, 
Modernise  FIU,  https://www.moneylaundering.com/news/after-years-of-turmoil-germany-seeks-to-
reinvigorate-modernize-fiu/. 

Allianz  Rechtssicherheit  (12  December  2023),  Unclear  non-profit  law  endangers  civil  society 
freedom,  (Unklares  Gemeinnützigkeitsrecht  gefährdet  zivilgesellschaftlichen  Freiraum)  Unklares 
Gemeinnützigkeitsrecht gefährdet zivilgesellschaftlichen Freiraum | Zivilgesellschaft ist gemeinnützig 
(zivilgesellschaft-ist-gemeinnuetzig.de) 

Allianz  Rechtssicherheit  (2024),  Can  associations  protest  against  right-wing  extremism?  (Dürfen 
Vereine  gegen  Rechtsextremismus  demonstrieren?)  Dürfen  Vereine  gegen  Rechtsextremismus 
demonstrieren? | Zivilgesellschaft ist gemeinnützig (zivilgesellschaft-ist-gemeinnuetzig.de) 

Allianz Rechtssicherheit, Demands for changing the legal situation (Forderungen zur Änderung der 
Rechtslage),  Forderungen  zur  Änderung  der  Rechtslage  |  Zivilgesellschaft  ist  gemeinnützig 
(zivilgesellschaft-ist-gemeinnuetzig.de) 

BDZV (5 February 2024), BDZV condemns the blockade in front of the Hamburg press distribution 
centre 
Presseverteilzentrum), 
https://www.bdzv.de/service/presse/pressemitteilungen/2024/bdzv-verurteilt-blockade-vor-
hamburger-presseverteilzentrum?no_cache=1.  

Hamburger 

verurteilt 

Blockade 

(BDZV 

vor 

Broadcasting  Commission  (2024),  Meeting  of  the  Broadcasting  Commission  of  the  Länder  25/26 
January  2024  (Klausurtagung  der  Rundfunkkommission  der  Länder  25./26.  Januar  2024), 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Beschluesse/RFK_25.
-26-1-24_Eckpunkte_zur_Reform_des_oeffentlich-rechtlichen_Rundfunks.pdf.  

31 

 
Broadcasting  Commission  (2024),  Protocol  declaration  from 
(Protokollerklärung 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Beschluesse/BY_Prot
okollerklaerung_zum_RFK-Beschluss_25.-26.1.24.pdf.  

the  Free  State  of  Bavaria 
Bayerns), 

Freistaat 

des 

the 

Broadcasting Commission (2024), Special evaluation on the relevance of possible reform approaches 
on 
zur  Beitragsrelevanz  möglicher  Reformansätze), 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Beschluesse/2024-03-
07_RFK_Fragen_Sondergutachten_KEF_Reform_OERR.pdf. 

(Sondergutachten 

licence 

fee 

für  die  Welt 

Brot 
Atlas_der_Zivilgesellschaft_2024.pdf (brot-fuer-die-welt.de). 

(2024),  Atlas  of 

civil 

society 

(Atlas  der  Zivilgesellschaft), 

Bundesrat (2023), Convocation of the conciliation committee by the Federal Council on 15 December 
2023 – Law on the documentation of main proceedings (Anrufung des Vermittlungsausschusses durch 
den Bundesrat vom 15. Dezember 2024 – Hauptverhandlungsdokumentationsgesetz), TOP011=0603-
23(B)=1040.BR-15.12.23 (bundesrat.de). 

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

Centre for Media Pluralism and Media Freedom (2024), Media Pluralism Monitor 2024. 

CEPEJ (2024), Study on the functioning of judicial systems in the EU Member States.  

Civicus Monitor Press Centre – Germany, https://monitor.civicus.org/presscentre/germany/. 

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

Coalition 
2029),koalitionsvertrag_fuer_die_21._legislaturperiode.pdf (hessen.de). 

for  Hessen 

2024-2029 

agreement 

(Koalitionsvertrag 

für  Hessen 

2024-

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

(2024),  Media 

Konzentration 

der 

Commission  for  the  determination  of  the  financial  needs  of  public  service  broadcasters  (KEF, 
Kommission zur Überprüfung und Ermittlung des Finanzbedarfs der Rundfunkanstalten) (2024), 24th 
report (24. Bericht), https://kef-online.de/berichte/details/948. 

Conference of the Justice Ministers (2023) Joint declaration  – Federal Government – Länder digital 
summit on 10 November 2023 (Gemeinsame Erklärung Bund-Länder-Digitalgipfel am 10. November 
2023) 
https://www.justiz.nrw/JM/jumiko/beschluesse/2023/Herbstkonferenz_2023/23-11-06---
Gemeinsame-Erklaerung---Modernisierung-der-Prozessordnungen_final.pdf 

Conference of the Justice Ministers (2023), Resilient Rule of law – how can the free, democratic basic 
order and institutions be defended against enemies of the constitution? (Wehrhafter Rechtsstaat – Wie 
Institutionen  gegen 
lassen  sich  die 
Verfassungsfeinde 
verteidigen?) 
https://www.justiz.nrw.de/JM/jumiko/beschluesse/2023/Herbstkonferenz_2023/TOP-I_1---
Wehrhafter-Rechtsstaat.pdf.  

freiheitliche  demokratische  Grundordnung  und 

ihre 

Conference  of  the  Justice  Ministers  (2024),  Rule  of  law  campaign  to  improve  the  recruitment  of 
future  talent  in  the  judiciary  (Rechtsstaatskampagne  von  Bund  und  Ländern  zur  Förderung  der 
Nachwuchsgewinnung in der Justiz), Beschlüsse | Nds. Justizministerium (niedersachsen.de).   

Conference of the Justice Ministers (June 2024), Report of the working group ‘resilient rule of law’ 
and  annexes  (Bericht  der  Bund-Länder-Arbeitsgruppe  „Wehrhafter  Rechtsstaat  and  Anhhänge), 
https://www.mj.niedersachsen.de/JuMiKo/beschluesse/beschlusse-228116.html.  

Constitutional  Court  Nordrhein-Westfalen  (2023),  Constitutional  complaints  against  assembly  law 
NRW registered (Verfassungsbeschwerden gegen Versammlungsgesetz NRW eingegangen), VerfGH 
NRW: Verfassungsbeschwerden gegen Versammlungsgesetz NRW eingegangen. 

32 

 
Constitutional  Court,  Annual  Preview  2024  (Jahresvorschau  2024),  Bundesverfassungsgericht  - 
Jahresvorausschau 2024. 

Constitutional Court, decision of 5 July 2023, 2 BvE 4/23.  

Constitutional Court, order of the first senate of 20 July 2021, 1 BvR 2756/20. 

Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court 
of Human Rights – 17th Annual Report of the Committee of Ministers – 2023.  

Council  of  Europe:  Committee  of  Ministers  (2000),  Recommendation  CM/Rec(2000)21  of  the 
Committee of Ministers of the Council of Europe to Member States on the freedom of exercise of the 
profession of lawyer.  

Council  of  Europe:  Committee  of  Ministers  (2000),  Recommendation  CM/Rec(2000)19  of  the 
Committee of Ministers of the Council of Europe to Member States on the Role of Public Prosecution 
in the Criminal Justice System. 

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

Council of Europe: Platform to promote the protection of journalism and safety of journalists. 

Council  of  Europe:  Venice  Commission  (2004),  Moldova  -  Opinion  on  the  Proposal  to  Amend  the 
Constitution  of  the  Republic  of  Moldova  (introduction  of  the  individual  complaint  to  the 
Constitutional Court), (CDL-AD(2004)043).  

Court  of  Justice  of  the  European  Union,  judgment  of  24  November  2020,  AZ,  C-510/19, 
ECLI:EU:C:2020:953. 

Court  of  Justice  of  the  European  Union,  judgment  of  27  May  2019,  OG  and  PI,  Joined  Cases  C-
508/18 and C-82/19 PPU, ECLI:EU:C:2019:456.   

Der SPIEGEL (16 February 2024), Fishing association faces fine from Bundestag - administrative 
offence proceedings against lobby group (Fischerei-Verband droht Bußgeld vom Bundestag – 
Ordnungswidrigkeitenverfahren gegen Lobbygruppe), 
https://www.spiegel.de/politik/deutschland/fischerei-verband-droht-bussgeld-vom-bundestag-a-
eab69af2-e79e-4210-999a-6514ee475c78. 

DIHK  (2023),  Position  paper  on  draft  law  on  strengthening  Germany  as  a  justice  location 
(Stellungnahme  zum  Justizstandort  Stärkungsgesetz),  DIHK_Stellungnahme  zum  Justizstandort 
Stärkungsgesetz (bmj.de). 

Directorate-General  for  Communication  (2024),  Flash  Eurobarometer  543  on  businesses’  attitudes 
towards corruption in the EU.  

Directorate-General  for  Communication  (2024),  Special  Eurobarometer  548  on  citizens’  attitudes 
towards corruption in the EU.  

dju in ver.di (25 January 2024), Ver.di union condemns cowardly attack on press representatives at 
the  pro-Palestine  demonstration  in  Leipzig  (Gewerkschaft  ver.di  verurteilt  feige  Attacke  auf 
Pressevertreter 
Leipzig), 
https://dju.verdi.de/presse/pressemitteilungen/++co++dc04716a-bba1-11ee-bf68-87d3589ac514. 

Pro-Palästina 

Demo 

bei 

in 

dju  in  ver.di  (5  February  2024),  ver.di:  ‘Call  to  all  of  us  to  defend  freedom  of  the  press!’  (ver.di: 
verteidigen!‘), 
die 
‚Aufruf 
https://dju.verdi.de/presse/pressemitteilungen/++co++12293618-c4d5-11ee-b7fa-95a27bc546e6. 

Pressefreiheit 

alle, 

uns 

an 

zu 

DJV (8 February 2024), No criminalisation of journalists (Keine Kriminalisierung von Journalisten), 
https://www.djv.de/startseite/service/news-kalender/detail/news-keine-kriminalisierung-von-
journalisten. 

33 

 
EU Affairs Committee of the Conference of the Justice Ministers (2024),  Written contribution from 
the EU Affairs Committee of the Conference of the Justice Ministers in the context of the country visit 
to Germany.  

Euromedia  Ownership  Monitor 
ownership.eu/findings/countries/germany/. 

(2022),  Country 

report  Germany  2022,  https://media-

European Centre for Press & Media Freedom (2023), Enemy image journalist No 7: The occupational 
risk  of  proximity  (Feindbild  Journalist:in  7:  Berufsrisiko  Nähe),  https://www.ecpmf.eu/wp-
content/uploads/2023/03/Feindbild-Journalistin-7-Berufsrisiko-Nahe.pdf.  

European Civic Forum (2024),  Civic Space Report 2024, Civic-Space-Report-2024_ECF.pdf (civic-
forum.eu).  

European Commission (2020), 2020 EU Justice Scoreboard.  

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.  

Euroepan Commission (2022), 2022 EU Justice Scoreboard.  

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

European Commission (2023), 2023 Rule of Law Report, Country Chapter on the rule of law situation 
in Germany.  

European Commission (2024), 2024 EU Justice Scoreboard- 

European Implementation Network (2024), Contribution from the European Implementation Network 
for the 2024 Rule of Law Report. 

European 
https://www.eppo.europa.eu/en/documents/2023-numbers . 

Prosecutor 

(EPPO), 

Public 

Annual 

Report 

2023 

(2024), 

Federal Commissioner for Data Protection and Freedom of Information (BfDI, Bundesbeauftragte für 
den Datenschutz und die Informationsfreiheit) (2023), IFK calls for a modern federal press law (IFK 
fordert 
Bundespressegesetz), 
https://www.bfdi.bund.de/SharedDocs/Pressemitteilungen/DE/2023/12_IFK-
Bundespressegesetz.html?nn=251944.  

zeitgemäßes 

Federal Commissioner for Data Protection and Freedom of Information (BfDI, Bundesbeauftragte für 
den Datenschutz und die Informationsfreiheit), IFK demands a uniformly high level of transparency 
in  the  federal  and  regional  governments  (IFK  fordert  einheitlich  hohes  Transparenzniveau  in  Bund 
Ländern), 
und 
https://www.bfdi.bund.de/SharedDocs/Pressemitteilungen/DE/2023/19_IFK.html?nn=251944. 

Federal  Criminal  Police  Office 
-  Corruption  2022, 
https://www.bka.de/SharedDocs/Downloads/DE/Publikationen/JahresberichteUndLagebilder/Korrupti
on/korruptionBundeslagebild2022.html?nn=28078 . 

(2023),  Federal  Situation  Report 

Federal  Government  (2023),  Draft 
location, 
https://www.bmj.de/SharedDocs/Downloads/DE/Gesetzgebung/RegE/RegE_Justizstandort_Staerkung
.pdf?__blob=publicationFile&v=2. 

law  on  strengthening  Germany  as  a 

justice 

Federal Government (2024), Speech of Federal President Dr. Frank-Walter Steinmeier. at the debate 
forum  on  the  state  and  future  of  our  democracy  on  February  29th  in  Berlin  (Rede  von 
Bundespräsident Dr. Frank-Walter Steinmeier beim Debattenforum zum Zustand und Zukunft unserer 

34 

 
Demokratie  am  29.  Februar  in  Berlin),  Rede  von  Bundespräsident  Dr.  Frank-Walter  Steinmeier 
(bundesregierung.de).  

Federal Government, Accompanying note on the draft law on the documentation of main proceedings 
(Begleitpapier  zum  Entwurf  eines  Gesetzes  zur  digitalen  Dokumentation  der  strafgerichtlichen 
Hauptverhandlung), 
https://www.bmj.de/SharedDocs/Downloads/DE/Gesetzgebung/Dokumente/DokHVG_Hauptverhandl
ungsdokumentationsgesetz_Begleitpapier.pdf?__blob=publicationFile&v=2. 

Federal Ministry of Economy and the Climate Protection - Parliament reply 20/6919 to Parliamentary 
Question 
staff, 
https://dserver.bundestag.de/btd/20/069/2006919.pdf. 

Decisions 

selection 

20/6696 

the 

on 

on 

of 

Federal  Ministry  of  Interior  (2024),  Draft  Amendments  to  the  Rules  of  Procedure  of  the  Federal 
‘Synopsis’, 
an 
Ministries 
https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/2024/ggo-fussabdruck-
synopsenpflicht.html.  

‘Executive  Footprint’ 

Implementation 

and 

the 

for 

of 

Federal Ministry of Interior (6 March 2024) – Press statement, executive footprint: federal legislation 
becomes more transparent and easier to understand (Exekutiver Fussabdruck: Gesetzgebung des 
Bundes wird transparenter und leichter nachvollziehbar), 
https://www.bmi.bund.de/SharedDocs/pressemitteilungen/DE/2024/03/exekutiver-fussabdruck.html. 

Federal  Press  Conference  of  20  December  2023  (Regierungspressekonferenz  vom  20.  Dezember 
2023) Regierungspressekonferenz vom 20. Dezember 2023 (bundesregierung.de).  

(8 

FIU 
2022, 
https://www.zoll.de/SharedDocs/Pressemitteilungen/DE/Jahresbilanzen/2023/z54_fiu_jahresbericht.ht
ml. 

December 

Annual 

Report 

2023), 

FIU 

Franet, German Institute for Human Rights, (2024), Country research - Legal environment and space 
of  civil  society  organisations  in  supporting  fundamental  rights  –  Germany,  EU  Agency  for 
Fundamental Rights, https://fra.europa.eu/en/publication/2024/fundamental-rights-report-2024.  

Frankfurter  Rundschau  (2023),  Despite  Wirecard  and  Cum-Ex:  no  protection  for  whistleblowers 
(Trotz 
Whistleblower), 
https://www.fr.de/wirtschaft/gastwirtschaft/trotz-wirecard-und-cum-ex-kein-schutz-fuer-
whistleblower-92130011.html. 

Wirecard 

Cum-Ex: 

Schutz 

Kein 

und 

für 

German Bar Association (2024), Contribution from the German Bar Association for the 2024 Rule of 
Law Report.  

German  Bar  Association  (2024),  Why  the  documentation  of  criminal  proceedings  is  indispensable 
(Warum die Dokumentation des Strafprozesses unverzichtbar ist), PM 06/24: DokHVG: Warum die 
Dokumentation des Strafprozesses unverzichtbar ist - Deutscher Anwaltverein.  

German  Federal  Parliament  (2023)  Tenth  Act  amending  the  Federal  Constitutional  Court  Act  - 
Introduction of electronic legal communication with the Federal Constitutional Court (Zehntes Gesetz 
zur Änderung des Bundesverfassungsgerichtsgesetzes - Einführung des elektronischen Rechtsverkehrs 
https://dip.bundestag.de/experten-
mit 
suche?term=he%3Abr%20AND%20dr%3A94%2F24&f.typ=Vorgang&rows=25 

Bundesverfassungsgericht) 

dem 

German Federal Parliament (2024) Draft law amending the criminal code – Criminalisation of undue 
interest representation, 20/10376, https://dserver.bundestag.de/btd/20/103/2010376.pdf. 

German  Federal  Parliament  (2024),  Experts  –  Reform  of  Judges’  Law  is  necessary  (Experten: 
Änderung  des  Richtergesetzes  notwendig),  Deutscher  Bundestag  -  Experten:  Änderung  des 
Richtergesetzes notwendig.  

German Government (2024), Input for the 2024 Rule of Law Report.  

35 

 
German  Institute  for  Human  Rights  as  part  of  ENNHRI  (2024),  Contribution  from  the  European 
Network of National Human Rights Institutions for the 2024 Rule of Law Report.  

German  Judges  Association  (2023),  Position  Paper  on  the  draft  law  on  the  documentation  of  main 
proceedings (Stellungnahme zum Gesetzesentwurf zur digitalen Dokumentation der strafgerichtlichen 
Hauptverhandlung). DRB_231006_Stn_Nr_24_OEff._Anhoerung_GE_DokHVG.pdf. 

German Judges Association (2024), Contribution from the German Judges Association for the 2024 
Rule of Law Report.  

German  Judges  Association  (2024),  Justice  is  left  behind  on  salaries  (Justiz  wird  beim  Einkommen 
abgehängt), Justiz wird beim Einkommen abgehängt - Deutscher Richterbund (DRB). 

German Judges Association (2024), Salaries of justice professionals are further diverging (Bezüge der 
Justizjuristen  fallen  weiter  auseinander),  Bezüge  der  Justizjuristen  fallen  weiter  auseinander  - 
Deutscher Richterbund (DRB) 

German  Judges  Association  (2024),  Salary  protests  in  the  Länder  (Besoldungs-Proteste  in  den 
Ländern), Besoldungs-Proteste in den Ländern - Deutscher Richterbund (DRB). 

German Judges Magazine 10/23, Files are piling up, cries for help are mounting (Akten stapeln sich, 
Hilferrufe häufen sich). 

German Statistical Office (2023), Statistical Report – Criminal Courts – 2022 (Statistischer Bericht – 
Strafgerichte  –  2022),  Statistischer  Bericht  -  Strafgerichte  -  2022  -  Statistisches  Bundesamt 
(destatis.de). 

Gesellschaft für Freiheitsrechte (1 December 2023), Letter to the Public Prosecutor's Office of Berlin 
(Schreiben an die Staatsanwaltschaft Berlin). 
https://freiheitsrechte.org/uploads/documents/Demokratie/353d/20231203_staatsanwaltschaft_berlin_
clean.pdf.  

Gesellschaft für Freiheitsrechte (2021), Legal opinion: European human rights guarantee the political 
participation  of  civil  society  organisations  (Rechtsgutachten:  Europäische  Menschenrechte 
garantieren  die  politische  Teilhabe  zivilgesellschaftlicher  Organisationen),  GFF-Rechtsgutachten: 
Europäische  Menschenrechte 
zivilgesellschaftlicher 
die 
Organisationen - GFF – Gesellschaft für Freiheitsrechte e.V. 

politische  Teilhabe 

garantieren 

Gesellschaft für Freiheitsrechte (2024), Contribution from Gesellschaft für Freiheitsrechte as part of 
Civil Liberties Europe for the 2024 Rule of Law Report.  

Gesellschaft für Freiheitsrechte (28 November 2023), Court ignores press freedom (Gericht ignoriert 
Pressefreiheit), Gericht ignoriert Pressefreiheit: GFF und RSF gehen gegen Abhören des 
Pressetelefons der Letzten Generation in die nächste Instanz - GFF – Gesellschaft für Freiheitsrechte 
e.V. 

Global Alliance of Human Rights Institutions (2023) Sub-Committee on Accreditation Report – 
September & October 2023, 
https://www.ohchr.org/sites/default/files/documents/countries/nhri/ganhri/SCA-Report-Second-
Session-2023-EN-new.pdf. 

GRECO (2019), Third Evaluation, Second Addendum to the Second Compliance Report on Germany, 
https://rm.coe.int/third-evaluation-round-second-addendum-to-the-second-compliance-
report/168094c73a . 

GRECO  (2021),  Fourth  Evaluation  Round  –  Interim  Compliance  Report  on  Germany, 
https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-
of/1680a26425 . 

36 

 
GRECO  (2022),  Fourth  Evaluation  Round  –  Second  Interim  Compliance  Report  on  Germany, 
https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-
of/1680a9173f . 

GRECO (2024), Fourth Evaluation Round - Addendum to the Second Compliance Report – Germany 
https://rm.coe.int/fourth-evaluation-round-prevention-of-corruption-in-respect-of-
on  Germany, 
members/1680b0d2fd . 

GRECO  (2023),  Fifth  Evaluation  Round  –  Compliance  Report  on  Germany,  https://rm.coe.int/fifth-
evaluation-round-preventing-corruption-and-promoting-integrity-i/1680aa89ee 

GRECO  (2019),  Fifth  Evaluation  Round  -  Evaluation  Report  Germany,  https://rm.coe.int/fifth-
evaluation-round-preventing-corruption-and-promoting-integrity-i/1680a0b8d7. 

Green Legal Spaces Report (2023), Limitation of political participation rights of the German climate 
movement  (Beschränkung  politischer  Teilhaberechte  der  Klimabewegung  in  Deutschland),  Green 
Legal Spaces 2023. 

Joint statement by 7 civil society and journalist associations (2024), Criminal law reform to abolish 
Section  353d  No.  3  StGB  (Strafrechtsreform  zur  Abschaffung  von  §  353d  Nr.  3  StGB), 
https://freiheitsrechte.org/uploads/documents/Demokratie/353d/2024-01-11-Gemeinsame-
Stellungnahme-353d-Nr.-3-StGB.pdf. 

Joint statement by the German Judges’ Association, the German Bar Association, the German Women 
Lawyers Association, and the Association of German Jurists (2024), Better Protect the Rule of Law 
(Rechtsstaat besser absichern), Rechtsstaat besser absichern - Deutscher Richterbund (DRB). 

Legal  Tribune  Online  (2024),  Harbarth  in  favour  of  careful  and  measured  discussion  (Harbarth 
befürwortet  sorgfältige  und  abgewogene  Diskussion),  https://www.lto.de/recht/nachrichten/n/bverfg-
schutz-gesprche-union-buschmann-harbarth-extremismus/.  

Legal  Tribune  Online  (2024),  Ministry  of  Justice  proposes  amendment  of  the  Constitution 
(Bundesjustizministerium  schlägt  Grundgesetzänderung  vor)  BVerfG-Schutz:  BMJ  schlägt 
Grundgesetzänderung vor (lto.de).  

Letter  of  24  June  2024  by  110  local  civil  society  organisations  to  the  Federal  Chancellor,  Offener 
Brief  an  Kanzler  Scholz  –  Über  100  Vereine:  Fehlende  Gemeinnützigkeitsreform  gefährdet  unsere 
Existenz (zivilgesellschaft-ist-gemeinnuetzig.de).  

Lobbycontrol (13 September 2023), Party financing: Gröner donations to the CDU 
(Parteienfinanzierung: Gröner-Spenden an die CDU), 
https://www.lobbycontrol.de/parteienfinanzierung/groener-spenden-an-die-cdu-parteien-verklagt-den-
bundestag-111311/.  

LobbyControl (2024), Lobby report 2024 (Lobbyreport 2024: Grosser Fortschritt bei Lobbyregeln,) 
https://www.lobbycontrol.de/wp-content/uploads/lobbyreport-2024-web.pdf 

LobbyControl  (21  February  2024),  press  comment  on  the  hydrogen  affair  (Pressekommentar 
Wasserstoff-Affäre), 
https://www.lobbycontrol.de/pressemitteilung/pressekommentar-wasserstoff-
affaere-lobbycontrol-fordert-das-bmdv-auf-verantwortung-fuer-lueckenhafte-aufklaerung-zu-
uebernehmen-114026/. 

LobbyControl  (22  February  2024),  Corruption  of  MPs:  the  Traffic  Light  coalition  draws 
consequences  from  mask  affair  (Abgeordnetenkorruption:  Ampel  zieht  Konsequenzen  aus 
Maskenaffaere),  https://www.lobbycontrol.de/pressemitteilung/abgeordnetenkorruption-ampel-zieht-
konsequenzen-aus-maskenaffaere-114033/. 

interest  (Nach  Graichen:  7  Eckpunkte 

LobbyControl (22 May 2023), After Graichen: 7 key points for stricter rules in the event of conflicts 
of 
für  strengere  Regeln  bei  Interessenkonflikten), 
https://www.lobbycontrol.de/aus-der-lobbywelt/nach-graichen-7-eckpunkte-fuer-strengere-regeln-bei-
interessenkonflikten-108875/. 

37 

 
Lobbycontrol (25 May 2023), Party donations are increasing, the lack of transparency remains (Die 
Parteispenden steigen, die Intransparenz bleibt), 
https://www.lobbycontrol.de/parteienfinanzierung/die-parteispenden-steigen-die-intransparenz-bleibt-
108977/.  

LobbyControl  (6  March  2024),  Traffic  Light  coalition  finally  decide  on  lobbying  footprint  (Ampel-
Regierung  beschliesst  endlich  Lobby-Fussspur),  https://www.lobbycontrol.de/lobby-fussspur/ampel-
regierung-beschliesst-endlich-lobby-fussspur-114234/. 

Lobbycontrol (7 November 2023), Party financing: Traffic Light coalition and CDU agree, but a party 
donation  cap  is  missing  (Parteienfinanzierung:  Ampel  und  Union  einig,  aber  ein  Parteispenden-
Deckel  fehlt),  https://www.lobbycontrol.de/pressemitteilung/parteienfinanzierung-ampel-und-union-
einig-aber-ein-parteispenden-deckel-fehlt-112484/. 

MDR  (8  February  2024),  Eisenach  police  takes  action  against  journalists  (Eisenacher  Polizei  geht 
gegen 
https://www.mdr.de/nachrichten/thueringen/west-
thueringen/wartburgkreis/journalist-nazis-rechtsradikal-konzert-polizei-recherche-nord-100.html. 

Journalisten 

vor), 

Ministry for Family, Seniors, Women and Youth, Federal Engagement Strategy (Engagementstrategie 
des Bundes), BMFSFJ - Engagementstrategie des Bundes.  

Ministry  of  Finance  (October  2023),  New  direction  in  the  fight  against  criminal  finance,  
https://www.bundesfinanzministerium.de/Monatsberichte/2023/10/Inhalte/Kapitel-2a-
Schlaglicht/schlaglicht-neuausrichtung-der-bekaempfung-von-finanzkriminalitaet.html. 

Ministry of Interior (4 September 2023), Integrity in the federal public administration - Annual Report 
2022, 
https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/moderne-
verwaltung/integritaet-der-verwaltung/integritaetsbericht-2022/integritaetsbericht-
2022.pdf?__blob=publicationFile&v=1. 

Ministry of  Justice  (2020),  Courts  at  federal  level  and  of the  Länder  (Gerichte des  Bundes  und  der 
Länder), 2020-06-22_Zahl der Gerichte (bmj.de).  

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

Ministry of Justice (2024), A legislative proposal on the further digitalisation of the judiciary (Gesetz 
zur 
Justiz) 
Digitalisierung 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/DE/2023_Weitere_Digitalisierung_Justiz.h
tml. 

weiteren 

der 

Ministry of Justice (2024), Draft legislative proposal on amending the  jurisdictional value in dispute 
of the local courts, to expand the specialisation of the judiciary in civil matters and to amend other 
procedural  regulations  (Entwurf  eines  Gesetzes  zur  Änderung  des  Zuständigkeitsstreitwerts  der 
Amtsgerichte, zum Ausbau der Spezialisierung der Justiz in Zivilsachen sowie zur Änderung weiterer 
prozessualer 
Änderung 
https://www.bmj.de/SharedDocs/Gesetzgebungsverfahren/DE/2024_Aenderung_Zustaendigkeitsstreit
wert.html.   

Regelungen) 

Gesetzes 

Entwurf 

eines 

zur 

Ministry of Justice (2024), Legislative Procedure – Law to increase the transparency of instructions to 
the  prosecution  service  (Gesetzgebungsverfahren  -  Gesetz  zur  Erhöhung  der  Transparenz  von 
Weisungen gegenüber der Staatsanwaltschaft), BMJ - Aktuelle Gesetzgebungsverfahren - Gesetz zur 
Erhöhung der Transparenz von Weisungen gegenüber der Staatsanwaltschaft. 

Ministry of Justice (2024), Modernisation of the German arbitration procedural law (Modernisierung 
des  deutschen  Schiedsverfahrensrechts),  BMJ  -  Aktuelle  Gesetzgebungsverfahren  -  Modernisierung 
des deutschen Schiedsverfahrensrechts. 

38 

 
Ministry  of  Justice  of  Rheinland-Pfalz,  Personnel  needs  calculation  2023  –  Prosecutors 
(Personalbedarfsberechnung 
Anlage_1_-
– 
_PBB2023_Veröffentlichung_Original.xlsx (rlp.de).   

Staatsanwaltschaften), 

2023 

Nordrhein-Westfalen  (2024),  Nordrhein-Westfalen  demands  more  independence  for  prosecution 
services  (Nordrhein-Westfalen  forder  mehr  Unabhängigkeit  für  Staatsanwaltschaften),  Nordrhein-
Westfalen fordert mehr Unabhängigkeit für Staatsanwaltschaften | Land.NRW 

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 . 

OECD  (2022),  Indicators  of  Regulatory  Policy  and  Governance  Europe  2022  –  Germany,  638927-
Germany-country-profile-EU-report-2022.pdf (oecd.org).  

President of the Bundestag (23 September 2022), Report on investigations and sanctions, 
https://dserver.bundestag.de/btd/20/035/2003500.pdf. 

Press 
file:///C:/Users/doerrra/Downloads/DPR-2024-Jahresbericht%202023_BF-1.pdf. 

Council 

Annual 

(2024), 

Report 

2023, 

(Jahresbericht 

Report 
https://www.drb.de/fileadmin/DRB/pdf/Belastung/150410_PEBBSY_Hauptband.pdf.  

–  PEBB§Y  Fortschreibung 

–  PEBB§Y 

(Gutachten 

update 

2014 

2023), 

2014). 

Reporters Without Borders (2023), 2023 World Press Freedom Index.  

Reporters  Without  Borders  (2024),  Country  Report  Germany  2024,  https://www.reporter-ohne-
grenzen.de/fileadmin/Redaktion/Downloads/RSF_Country_Report_Germany_2024.pdf.  

Reporters Without Borders (2024), Contribution from Reporters Without Borders for the 2024 Rule of 
Law Report.  

SPD, The Greens and FDP (2021), Coalition Agreement 2021-2025 (Koalitionsvertrag 2021-2025), 
https://www.bundesregierung.de/breg-de/service/gesetzesvorhaben/koalitionsvertrag-2021-1990800. 

State  Parliament  of  Saxony  (2024)  Position  paper  from  the  Presidents  of  the  state  parliaments  of 
Brandenburg,  Saxony,  Saxony-Anhalt  and  Thuringia  to  reform  public  service  broadcasting 
(Positionspapier  der  Präsidentinnen  und  Präsidenten  der  Landtage  von  Brandenburg,  Sachsen, 
Sachsen-Anhalt 
öffentlich-rechtlichen  Rundfunks), 
https://www.landtag.sachsen.de/download/Dokumente/Positionspapier_OERR_BRB_S_SA_S_TH.pd
f.  

zur  Reform 

Thüringen 

und 

des 

Sueddeutsche  Zeitung  (10  October  2023),  CDU:  voluntary  disclosure  due  to  party  donation  to  the 
Cologne  district  association  (CDU:  Selbstanzeige  wegen  Parteispende  an  Kölner  Verband), 
https://www.sueddeutsche.de/politik/parteien-berlin-cdu-selbstanzeige-wegen-parteispende-an-
koelner-verband-dpa.urn-newsml-dpa-com-20090101-231010-99-517899.  

Tagesschau  (10  October  2023),  Suspicion  of  corruption  at  Cologne  CDU  (Korruptionsverdacht  bei 
Kölner  CDU), 
https://www.tagesschau.de/investigativ/kontraste/korruptionsverdacht-cdu-koeln-
100.html.  

Transparency  International-Deutschland  (14  February  2023),  Position  paper  for  the  public 
consultation on the transformation of public procurement by the Federal Ministry of Economics and 
Climate 
https://www.transparency.de/aktuelles/detail/article/stellungnahme-von-
transparency-international-deutschland-ev-im-rahmen-der-oeffentlichen-konsultation-zur-
transformation-des-vergaberechts-vergabetransformationspaket. 

Protection, 

Transparency  International-Deutschland  (14  February  2023),  Position  paper  for  the  public 
consultation on the transformation of public procurement by the Federal Ministry of Economics and 
https://www.transparency.de/aktuelles/detail/article/stellungnahme-von-
Climate 

Protection, 

39 

 
transparency-international-deutschland-ev-im-rahmen-der-oeffentlichen-konsultation-zur-
transformation-des-vergaberechts-vergabetransformationspaket . 

Transparency  International-Deutschland  (27  November  2023),  Statement  on  the  hearing  for  the 
Political  Parties  Act 
zum  Parteiengesetz), 
(Stellungnahme  anlässlich  der  Anhörung 
https://www.bundestag.de/resource/blob/979884/5a65362863a0fb68ccf61995d2f64927/20-4-344.pdf . 

United  Nations  Convention  against  Corruption  Country  Review  Report  of  Germany  for the  Review 
Cycle 
(2020), 
2016-2021 
https://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2020_11_06_Germany
_Final_Country_Report.pdf . 

UNODC (2017) , Country Review Report of the Federal Republic of Germany - Review by the Czech 
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.  

Wirtschaftswoche (2023), How managers protect themselves from accusations of nepotism (So 
schützen sich Manager vor Vetternwirtschafts-Vorwürfen), 
https://www.wiwo.de/erfolg/management/vorwuerfe-gegen-wissing-so-schuetzen-sich-manager-vor-
vetternwirtschafts-vorwuerfen/29141800.html. 

Zukunftsrat (2024), Report of the Council for the future development of public service broadcasting 
(Bericht  des  Rates 
für  die  zukünftige  Entwicklung  des  öffentlich-rechtlichen  Rundfunks), 
https://rundfunkkommission.rlp.de/fileadmin/rundfunkkommission/Dokumente/Zukunftsrat/ZR_Beric
ht_18.1.2024.pdf. 

40 

 
 
Annex II: Country visit to Germany 

The Commission services held virtual meetings in February and March 2024 with: 

•  Allianz Rechtssicherheit 
•  ARD 
•  Bündnis Bürgerschaftliches Engagement 
•  Committee for EU Affairs of the Conference of the Justice Ministers 
•  Federal Administrative Court 
•  Federal Bar 
•  Federal Constitutional Court  
•  Federal Criminal Police 
•  Federal Supreme Court 
•  German Association of Journalists 
•  German Bar Association 
•  German Chamber of Industry and Commerce  
•  German Institute for Human Rights 
•  German Judges Association  
•  Gesellschaft für Freiheitsrechte 
•  Joint Office of the Media Authorities 
•  Lobbycontrol Germany 
•  Minister of the Interior 
•  Ministry of Justice 
•  Ministry of State for Culture and Media  
•  Parliament Administration 
•  Press Council  
•  Prosecution Service  
•  Transparency International Germany 
•  ZDF 

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

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe  
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 
•  European Federation of Journalists  
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 

41 

 
 
International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute  
Irish Council for Civil Liberties 

• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International EU 

42