When Judges Fall Silent

Neutrality is the buzzword of our time. It dominates debates about rainbow flags in members’ offices of the Bundestag, Germany’s federal parliament, or judges who wear a headscarf. The desire for a neutral state – and neutral judges in particular – is entirely understandable and perfectly legitimate. The principle of neutrality is meant to prevent bias and partiality and thus ensure equal treatment for all. And yet, according to a recent survey, by 2025 only just over half of respondents in Germany still believed that courts treat everyone equally. So, what is going wrong?