Montesquieu emphasized that judges should be mere executors of the law. However, contemporary judicial practices in Germany reveal complexities. Judges in Germany are not bound by directives and are selected via a decentralized process by state justice ministries. The Constitution outlines a "best choice" principle for federal judges, particularly those appointed to the Federal Constitutional Court, which requires candidates to have substantial experience and specific qualifications. Federal judges serve twelve-year terms and must retire at age 68, though they maintain autonomy in court procedures until a successor is appointed.
Judges must be "no more than the mouth that pronounces the words of the law, mere passive beings..." said the French enlightenment political philosopher Baron de Montesquieu.
Germany's more than 20,000 judges are not "bound by directives." Germany's federal states choose judges.
Federal judges are selected on a "best choice" principle, as set forth by Germany's Basic Law.
Candidates for the Federal Constitutional Court must be at least 40 years old... They are also required to leave the office at the end of the month in which they turn 68.
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