OVG: Former Far-Right Activist Allowed to Begin Legal Referendary - German court rules far-right ties alone can’t block trainee lawyers from legal careers
The Federal Administrative Court has clarified that trainee lawyers, even those with past ties to far-right organizations, cannot be barred from their training if they haven't engaged in criminal conduct. This ruling follows a case involving a prospective lawyer in Saxony-Anhalt.
The candidate, active in far-right groups like Junge Alternative and Ein Prozent e.V., was initially admitted to the legal traineeship in Bautzen. This two-year practical training program qualifies candidates for careers as judges, prosecutors, or attorneys. However, concerns were raised about their right to pursue this career.
The Saxon Higher Administrative Court (OVG) ruled that the candidate could begin the training, citing a 2022 ruling from the Constitutional Court of the Free State of Saxony. The OVG stated that only criminal conduct could justify denying admission, not mere association with far-right groups.
The Federal Administrative Court's clarification reinforces that trainee lawyers must uphold constitutional values but does not automatically disqualify those with past far-right ties. Future decisions will hinge on whether candidates have engaged in criminal conduct.
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