Germany's judiciary is sounding the alarm. Judges and prosecutors across the country are urging the governing coalition to reform the laws that govern state prosecutors — before, they say, it is too late. Their concern: as the AfD continues to rise in political influence, the legal system could become vulnerable to abuse by what they describe as "extremists in government." For immigrants, refugees, and expats living in Germany, the independence and fairness of the justice system is not an abstract concern — it is a direct safeguard for their rights and everyday lives.
German judges and prosecutors are not making this warning lightly. The call for reform specifically targets the legal framework that governs state prosecutors — officials who wield considerable power in deciding which cases to pursue and how the law is applied in practice. Currently, critics within the judiciary argue that these laws leave too much room for political interference.
The fear is straightforward: if individuals with extremist views reach senior government positions, they could, under the current framework, direct or influence prosecutions in ways that serve political rather than legal ends. Judges and prosecutors are asking the coalition to close these legal gaps now, while there is still a political window to do so.
This is not a theoretical concern unique to Germany. Other European countries have faced similar debates about the separation of judicial and executive power — and the consequences of failing to protect that separation have been well documented.
For people living in Germany without German citizenship — or those who have recently obtained it — the independence of the justice system matters enormously. Immigrants rely on courts and prosecutors to enforce their rights under German and European law: from challenging a rejected visa application, to seeking protection against discrimination or unlawful deportation.
If the system that is supposed to apply the law fairly were to become politically influenced, the consequences could be felt most acutely by those who are already in more vulnerable legal positions. Asylum seekers, residents with limited Aufenthaltstitel, and those in ongoing legal proceedings with the Ausländerbehörde or BAMF all depend on an impartial judiciary.
The AfD's rise in German politics has already prompted widespread debate about what a more nationalist government agenda might mean for immigration policy, integration programs, and the rights of non-German residents. The judiciary's public warning adds another dimension to that conversation.
The AfD has become one of Germany's most electorally significant parties in recent years, a development that has prompted both domestic and international scrutiny. Germany's domestic intelligence agency, the Verfassungsschutz, has previously classified parts of the party as a suspected extremist organisation — a classification the party contests.
The judges and prosecutors speaking out are not making party-political arguments. They are raising institutional concerns: that existing laws were not designed with the possibility of extremists holding senior executive power in mind, and that this gap needs to be addressed proactively.
The governing coalition has not yet publicly responded in detail to these calls for reform.
At this moment, the German legal system continues to operate under the same rules as before. No changes have been implemented. The judiciary's warning is a call for future-proofing — the concern is about what could happen if reforms are not made before political circumstances change further. Your current rights under German and EU law remain in place. If you have concerns about a specific legal situation, consult a qualified lawyer or contact BAMF for immigration-related matters.
No immediate changes to residency rules have been announced as a result of the AfD's electoral performance. Immigration law in Germany is set at the federal level and any changes require legislative processes. That said, staying informed about political developments is always sensible. Follow official announcements from BAMF and your local Ausländerbehörde for any changes that may affect your specific situation.
State prosecutors (Staatsanwälte) decide which criminal cases are pursued in court. They operate under the justice ministries of Germany's federal states, which means they are not fully independent of the executive branch in the way that judges are. This is precisely the structural vulnerability that the judiciary is highlighting — and the gap they want reformed.
The warning from Germany's judges and prosecutors is a significant institutional moment. Whether or not the coalition acts on it will be worth watching closely in the months ahead. For immigrants and expats, the most practical step right now is to stay informed: follow reputable news sources covering German politics and policy, and be aware of how any proposed legal changes might affect your rights and residency. If you are in an ongoing legal process with BAMF or the Ausländerbehörde, speak with a qualified legal advisor to understand your position.
Source: DW English
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