The presidium and other board members of the Hanseatic Bar Association of Hamburg had called on their members to participate in the “Hamburg stands up!” rally on January 19, 2024, to send a signal against right-wing extremism and neo-Nazi networks (Chamber Express Letter 2/2024). The Chamber received a lot of support for this appeal, but also a “disciplinary complaint” from a member, which the judicial authority had to deal with.
The judicial authority has rejected the “disciplinary complaint” – as the Hanseatic Bar Association states on its website – because no violation of the law is apparent. In particular, the Chamber has not exceeded its intended scope of action. It was allowed to take action in the interests of all members who are concerned with issues relevant to professional politics and in this case did so in the spirit of a free legal profession.
Advocating for democracy and the rule of law is one of the most important tasks of the legal profession: every lawyer swears or vows when sworn in to uphold the constitutional order (§ 12a BRAO). With the approval of the Bar Association, they become an independent organ of the administration of justice (§ 1 BRAOAdmission to the bar after § 7 READ must be refused, among other things, if the applicant opposes the free and democratic basic order in a criminal manner.
The representation of lawyers’ interests by the self-administration naturally also includes dealing with a wide range of legal policy developments and legislative projects as well as drawing up corresponding statements.
Incidentally, it is not only the President of the Hanseatic Bar Association of Hamburg, Dr. Christian Lemke, who “stood up” as part of the BRAK video campaign. Numerous other personalities from the legal and judicial professions as well as students have contributed their personal messages to the campaign on the occasion of the 75th anniversary of the Basic Law.
Further information:
Hanseatic Bar Association of Hamburg – Statement on the disciplinary complaint
BRAK video campaign for the 75th anniversary of the Basic Law
Federal Lawyers’ Act (BRAO)
