Berlin’s Justice Senator Felor Badenberg has stopped the use of migrant quotas in public service hiring, saying the policy may be unconstitutional and must be reviewed.
The decision relates to Berlin’s “Participation Law,” introduced in 2021 under former mayor Michael Müller. The law was designed to increase the number of people with a migration background working in public sector roles across Berlin.
Under the law, public institutions were required to invite candidates with a migration background to job interviews in proportion to their share of the city’s population, which is now over 40 percent. In some cases, applicants with a migration background who had similar qualifications as others were also given preference during hiring decisions.
However, a legal opinion commissioned by Badenberg found that these rules may conflict with Germany’s constitution, known as the Basic Law for the Federal Republic of Germany. The report concluded that strict quotas could violate the principle that public sector jobs must be awarded based on merit, qualifications, and performance.
Badenberg explained that while integration is important, it must not go against constitutional standards. She said her goal is to ensure fairness while still promoting inclusion. According to her, true integration should come from equal opportunities rather than fixed quotas.
The issue came to light after reports from the Tagesspiegel revealed concerns at the Berlin public prosecutor’s office. Chief prosecutor Margarete Koppers was said to have applied the quota system in a way that excluded some highly qualified candidates without a migration background, while inviting lower-ranked applicants to meet diversity targets.
Following these reports, Badenberg ordered a full review and confirmed that the hiring process in some cases did not meet constitutional requirements. She has now suspended the quota-based approach and instructed authorities to follow rules that focus on selecting the best candidates.
Despite the suspension, Badenberg said efforts to improve diversity in public service will continue. She noted that candidates with a migration background can still be encouraged to apply and be considered, as long as the hiring process remains fair and based on merit.
The move has sparked debate in Germany about how to balance diversity goals with legal standards. Supporters of the quota system argue it helps address discrimination and underrepresentation, while critics say it risks unfair treatment and undermines merit-based selection.
Badenberg has said she will work with coalition partners to revise the law and remove any unconstitutional elements, while still supporting policies that promote integration and participation in public life.