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The government has a moral obligation to consider the request and saying "we don't consent" does not satisfy the obligation. Another important consideration is
by bayesian_horse 11y ago
The government has a moral obligation to consider the request and saying "we don't consent" does not satisfy the obligation.
Another important consideration is that exercising the right to deny the prosecution would have taken away power from the judiciary. Germany is in the process of making this point to Poland and Hungary, where the independence of the judiciary is under attack. A denial would have weakened that argument a lot.
- rndgermandude 11y agoJust no. The laws/paragraphs in question are special in that they explicitly state the German government has to allow the any prosecution under that law/paragraph. Of course the gov't has a moral and also legal obligation to consider the request, consideration does not imply they have to follow the request. If the government made a new law requiring gov't consent before prosecutions or if they tried to hinder a prosecution under any existing law not having such a "government must consent" paragraph, then you might have a point; here however, you do not.