Overview
- Justice Senator Felor Badenberg suspended the selection practice at the prosecutor’s office after internal and external analyses deemed key provisions of the Partizipationsgesetz unconstitutional.
- The law requires interview invitations for people with a migration background to mirror their roughly 40% share of Berlin’s population and calls for special consideration when qualifications are equal.
- Internal reviews found that, in practice, better‑graded applicants without a migration background were removed from interview lists while lower‑ranked candidates were invited to meet the quota.
- The external opinion, reported to be from Redeker Sellner Dahs, advises either amending the statute or applying it narrowly to align with Bestenauslese and the ban on preferential treatment based on origin.
- Badenberg says the law will now be applied in a constitutionally compliant manner, as Green lawmakers denounce a unilateral move and political talks over potential changes are set to follow.