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The Committee for the Election of Judges

The group of "mixed" bodies, half of whose members are appointed by the Bundestag and half by the Bundesrat, also includes the Committee for the Election of Judges, which elects the judges of the highest federal courts (Federal Court of Justice, Federal Administrative Court, Federal Labour Court, Federal Finance Court, Federal Social Court). Pursuant to the Act on the Election of Judges, the Committee for the Election of Judges comprises 16 Land ministers and an equal number of members elected by the Bundestag; unlike the Committee for the Election of the Judges of the Federal Constitutional Court, the members of the Committee for the Election of Judges to be elected by the Bundestag need not be Members of the Bundestag, but they must have legal experience. The Committee is chaired by the federal minister responsible for the court concerned, who is not, however, entitled to vote. The departmental principle also applies to members of the Land governments, i.e. in every case the Committee for the Election of Judges comprises those Land ministers in whose area of competence the Land judges placed under this highest court fall; for example, the ministers of labour of the 16 Länder participate in the election of the judges of the Federal Labour Court.

The federal ministers responsible for the court concerned are not bound by the opinion of the Committee for the Election of Judges. Rather, after considering the matter themselves they may arrive at a different result. If, however, they agree with the opinion of the Committee for the Election of Judges as ascertained in a vote, they have to request the Federal President to appoint the elected candidate. The Federal President then signs the letters of appointment of the new federal judges.