Procedure descriptions
Honorary judge at the administrative court - to be appointed
Honorary judges are citizens who take part in court proceedings and contribute to the court's decision.
If you are elected as an honorary judge, you must accept the office. Exceptions to this are possible.
As an honorary judge, you should contribute experience, knowledge and judgements from your everyday life to the hearings and deliberations.
The same principles apply to you as to professional judges:
- You are bound by law and justice.
- You have the same rights and the same responsibility in the hearing and in reaching a judgement.
- They are not bound by instructions when making judgements and are obliged to remain absolutely neutral.
The chambers of the administrative courts decide with three professional judges and two honorary judges, unless a single judge decides.
Honorary judges do not take partin decisionsmade outside the oral hearing or in court decisions.
There are administrative courts (VG) in Freiburg, Karlsruhe, Sigmaringen and Stuttgart. They are responsible for administrative law disputes from the respective administrative districtadministrative district.
The VG Sigmaringen is responsible for the administrative district of Tübingen.
The Administrative Court of Baden-Württemberg in Mannheim and the Federal Administrative Court in Leipzig decide on appeals.
Responsible department
an election committee consisting of
- the President of the Administrative Court,
- an administrative official appointed by the state government and
- seven counsellors elected by Parliament.
Details
Prerequisite
- You must have German citizenship.
- You must have your place of residence within the court district.
- You must be at least 25 years old.
The following are excluded from office
- is incapable of holding public office as a result of a judgement or
- has been charged with an offence which may result in the loss of this capacity,
- has been sentenced to more than six months' imprisonment for an intentional offence,
- does not have the right to vote for the Landtag.
Note: Persons who have fallen into financial difficulties should not be appointed as honorary judges.
Honorary judges cannot be appointed due to the principle of separation of powers, among other reasons:
- Members of the Bundestag and state parliamentsmembers of parliament
- Members of the European Parliament
- Members of the federal government or a state government
- Judges, civil servants and employees in the public service, unless they are working there on an honorary basis
- Professionalprofessional soldiers and temporary soldiers
- Lawyers, notaries and persons who deal with legal matters for third parties on a professional basis
Procedure
An election committee appoints you as an honorary judge on the basis of nomination lists.
The districts and independent cities draw up these lists of nominees.
You will be elected as an honorary judge for a term of five years.
The president of the administrative court determines the required number of honorary judges.
Each of them shall attend a maximum of twelve ordinarydays of regular sessions per year.
No special expertise or prior knowledge is required.
You can only refuse to be appointed to this office in exceptional cases.
The following are authorised to do so:
- Clergymen and ministers of religionministers
- Lay judges and other honorary judges
- Persons who have served as an honorary judge at the administrative court for two terms of office
- Persons aged 67 and over
- Doctorsdoctors, nurses, midwives and pharmacy managers who do not employ a pharmacist.
Please note: In cases of particular hardship, you can apply to be exempted from holding the office be exempted from taking up the post.
This is the case, for example, in the event of
- Frailty,
- predominant Work abroad or
- The need to care for underage children.
The decision is made by the competent senate of the Administrative Court of Baden-Württemberg.
Deadlines
none
Required documents
none
Costs
none
Miscellaneous
Honorary judges receive compensation for their work.
This includes
- Reimbursement of travelling expenses,
- Compensation for expenses,
- Compensation for other expenses,
- Compensation for time lost,
- Compensation for disadvantages in housekeeping and
- Compensation for loss of earnings.
Legal basis
Grundgesetz (GG):
- Artikel 97 Absatz 1 Unabhängigkeit der Richter
Verwaltungsgerichtsordnung (VwGO):
- § 5 Besetzung und Gliederung der VGe
- § 9 Besetzung und Gliederung der OVGe
- § 10 Besetzung und Gliederung des BVerwG
- §§ 19 bis 34 Ehrenamtliche Richter
Deutsches Richtergesetz (DRiG):
- § 44 Bestellung und Abberufung des ehrenamtlichen Richters
- § 44a Hindernisse für die Berufungen als ehrenamtlicher Richter
- § 44b Abberufung von ehrenamtlichen Richtern
- § 45 Unabhängigkeit und besondere Pflichten des ehrenamtlichen Richters
- § 45a Bezeichnungen der ehrenamtlichen Richter
Landesrichter- und -staatsanwaltsgesetz (LRiStAG):
- § 13 Eid der ehrenamtlichen Richter
- § 13a Weitere Voraussetzung für die Berufung der ehrenamtlichen Richter
- § 14 Unfallfürsorge für ehrenamtliche Richter
Justizvergütungs- und -entschädigungsgesetz (JVEG):
- § 5 Fahrtkostenersatz
- § 6 Entschädigung für Aufwand
- § 7 Ersatz für sonstige Aufwendungen
- § 15 Grundsatz der Entschädigung
- § 16 Entschädigung für Zeitversäumnis
- § 17 Entschädigung für Nachteile bei der Haushaltsführung
- § 18 Entschädigung für Verdienstausfall
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 10.04.2025