In Karlsruhe has the Bundesverfassungsgericht (BVerfG) decided on the request for bias against a judge from Gießen. A lawyer who sees immigration as a »danger to German culture and legal system as well as human life« is therefore not suitable as a judge in asylum proceedings. The BVerfG emphasized this in a decision that has now been published. It thus repealed a decision by which the Administrative Court of Gießen had rejected a request for rejection against the judge.
The complainant comes from Afghanistan. He followed suit in 2016 Germany. His asylum application was denied and he complained. The Gießen Administrative Court was responsible for this. The asylum seeker's lawyer filed an application for bias against the judge responsible there.
The background are the election posters NPD with the slogan »Stop the Invasion: Migration Kills! Resistance now «. Several cities nationwide assessed this as sedition and asked the NPD to hang up the posters.
However, the Administrative Court of Giessen overturned such an order from a central Hessian city because of a formal error. The judgment also stated that the statement "migration kills" is a provable fact. Immigration "naturally represents a threat to cultural values in the place where immigration takes place". It is a "danger to German culture and legal system as well as human life."
BVerfG does not judge NPD posters
"It is written on the forehead of the aforementioned judgment, as it were, that the judge who drafted it considers migration to be a fundamental evil that threatens the future of our community," says the Karlsruhe decision. The formulations there are "obviously suitable to justify the complainant's mistrust of the impartiality of the rejected judge".
The Federal Constitutional Court expressly emphasized that the judges did not decide whether they too regard the NPD election poster as inciting the people. On Wednesday the higher administrative court had Nordrhein-Westfalen this is affirmed and an order from the city of Mönchengladbach to hang up the posters is confirmed.