In Berlin’s “Law to Promote Participation in the Migration Society” abbreviated the Participation Act, the Justice Senator Felor Badenberg (CDU) commissioned a legal opinion from an external law firm that suggests parts of the law might contravene the German Constitution, according to “Spiegel”.
The law requires that, when public sector positions are advertised, “at least as many applicants with a migration background as their share in Berlin’s population” be invited to interview. Currently that proportion is just over 40 %. The act also calls for targeted recruitment of candidates with a migration background who possess the same qualifications as other applicants and for special consideration in the hiring process.
The external legal assessment concludes that, if interpreted literally, the Participation Act would be unconstitutional. The Basic Law mandates that public employment selections must, on one hand, follow the principle of merit-choosing the best candidates on the basis of suitability, competence and professional performance. On the other hand, no individual may be disadvantaged or preferentially treated because of attributes such as gender, origin or ethnicity.
Senator Badenberg, who was born in Iran, told “Spiegel” that her goal is to promote integration and enable participation. “Because I have a migration background myself, I understand how important belonging and fair chances are” she said. “But for state action there is a clear benchmark: the Basic Law is my compass”. She added that public office must be accessed by merit, competence and performance and that Berlin needs to attract the brightest minds. “Integration succeeds not through quotas but through equal opportunities for all”.
The law, in its current form, was adopted in 2021 by the red‑red‑green senate under then Lord Mayor Michael Müller (SPD).