Berlin Justice Senator Wants to End Preferential Hiring for Migrants

Wednesday, March 18

A policy designed to increase migrant representation in Berlin’s public sector is now under attack, with the city’s justice senator, Felor Badenberg (CDU), calling it unconstitutional.

The dispute centers around Berlin’s Participation Act, introduced in 2021, which aims to make the city’s administration better reflect its population. Around 40% of Berliners have a migration background; the law requires that a similar proportion of individuals be invited to job interviews in the public sector, provided they meet the basic qualifications. It also allows for candidates with migration backgrounds to be given extra consideration in hiring decisions.

The Participation Act was intended to [ensure] that qualified candidates with migration backgrounds are not excluded in hiring processes.

In the public prosecutor’s office, according to reports obtained by Tagesspiegel, candidates without a migration background were in some cases removed from interview lists, while candidates with weaker grades were invited in order to meet the quota.

For Badenberg, this crosses a constitutional line. She argues the practice violates the principle that public sector jobs must be awarded based based on merit and equal treatment. “Berlin must attract the best minds,” she said. “Integration does not succeed through quotas, but through equal opportunities for all.”

But the policy itself was born out of a different concern: that Berlin’s institutions do not reflect the city they serve. The Participation Act was intended to address longstanding underrepresentation by ensuring that qualified candidates with migration backgrounds are not excluded in hiring processes.

When the hiring practices at the prosecutor’s office became known in late 2025, Badenberg – who herself has a migration background; she came to Germany from Iran as a child – ordered a review. Both internal and external legal assessments concluded that the specific implementation, particularly the way candidates were selected for interviews, was incompatible with constitutional standards.

The law itself remains in force, but its application is now set to change. Badenberg says that going forward, migrant background must not outweigh qualifications in hiring decisions. At the same time, she has signaled that discussions with coalition partner SPD will be needed to address the legally contested parts of the legislation.