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Third-party-funded project

Independence of the Judiciary and New Public Management

Project management at the University of Würzburg:

The modernisation of the State with the instruments of the so called New Public Management has reached the judiciary. As an answer to the so enforced economic pressure the judges push themselves in a defending position. Anything else than the "law" as the determining power behind the judges´ decision does not seem to be in accordance with the principle of judicial independence. "Budgeting" and "Controlling" by the executive government seem to create a conflict with the fundamental constitutional principle of the separation of powers.

The project will show the limits of new public management instruments within the judicial power set by the constitution. But it will also make clear that the independence of judges as guaranteed in the German Grundgesetz cannot be used as a shield against any reforming, "modernising" development.

Key words:
    New Public Management
    Judicial Independence

Projekt period: from 07.2000 to 07.2003