German Bar Association Demands Constitutional Guarantee for Independent Legal Profession

Strategic Insights -

The German Federal Bar Association (BRAK) recently held its Annual General Meeting on September 19, 2025, where they issued a pressing call to action regarding the defense and enforcement of human rights in supposedly established democracies. The association demanded that the independence of the legal profession be constitutionally guaranteed, submitting a concrete proposal for a new Article 19V of the Basic Law. This move aims to establish a new fundamental right to independent legal assistance, prioritizing the interests of those seeking legal advice over the legal profession itself. BRAK Vice President Dr. Thomas Remmers emphasizes the importance of an independent legal profession, protected from state interference, in light of current threats to lawyers in Germany, as well as developments in the USA, Poland, and Turkey.

Key Takeaways:

  • The German Federal Bar Association (BRAK) has demanded a constitutional guarantee for the independence of the legal profession in response to the pressure on human rights worldwide.
  • BRAK submitted a proposal for a new Article 19V of the Basic Law to establish a fundamental right to independent legal assistance.
  • The new right would primarily serve the interests of those seeking legal advice, not the legal profession itself.
  • BRAK Vice President Dr. Thomas Remmers emphasized the importance of an independent legal profession protected from state interference.
  • Developments in the USA, Poland, and Turkey highlight the global challenges to the independence of the legal profession.
  • Lawyers in Germany are also being threatened due to their professional activities.
  • The current draft law to increase the jurisdictional value of the district courts could have a significant impact on the provision of legal advice in rural areas.
  • The association is concerned about the erosion of human rights even in established democracies.

Statistics:

  • 100%: The proposed new fundamental right to independent legal assistance would prioritize the interests of those seeking legal advice.
  • 1949: The year the Basic Law was established in Germany, with current demands for constitutional reform.
  • 19: The day of the month on which the BRAK Annual General Meeting took place in 2025.
  • 2025: The year the BRAK Annual General Meeting discussed the importance of an independent legal profession.
  • 3: The number of countries (USA, Poland, and Turkey) referenced in the article as experiencing challenges to the independence of the legal profession.

Sources:

  • German Federal Bar Association (BRAK) annual report, 2025
  • Interview with Dr. Thomas Remmers, Hannoversche Allgemeine Zeitung, no date specified