CDU: Law increasing migrant representation in Berlin city jobs is “unconstitutional"

Berlin Justice Senator Felor Badenberg (CDU) has said the city’s positive action law to increase migrant representation in local administration and government jobs is “unconstitutional” and should be amended.

Badenberg scrutinises Berlin Participation Act 

The Berlin Participation Act was introduced by the SPD-Left-Greens state parliament in 2021 and aims to improve the representation of people with a recent migration background in city jobs and increase their political participation.

Around 40 percent of Berliners have a recent migration background. The law states that this percentage should be reflected in the selection of people invited to interview for a public sector job, so long as they also meet the basic qualifications.

The law also requires all Berlin public bodies to set specific targets and funding plans to promote the employment of people with a recent migrant background, and to run regular surveys in which these employees can voluntarily report on their working lives.

When hiring practices at the Berlin Public Prosecutor’s Office came to light at the end of 2025, Badenburg ordered an official review. According to research by Tagesspiegel, the measures have resulted in the removal of candidates with good qualifications but without a recent migration background from a list of interviewees. 

“Precisely because I have a migrant background myself, I know how important a sense of belonging and equal opportunities are,” Badenberg, who came to Germany from Iran with her parents as a young child, told Tagesspiegel. “Berlin must attract the best talent. Integration is not achieved through quotas, but through equal opportunities for all.”

“However, there is a clear benchmark for government action: the constitution [Basic Law or Grundgesetz] is my guiding principle,” said the minister. “Access to public office must be based on suitability, competence and merit. That is the constitutional principle of selecting the best candidates.”

Ammended law will be consistent with constitution

Back in 2020, the Participation Act had already come under scrutiny from then Senator for Social Affairs Elke Breitenbach (The Left), who suspected the draft was unconstitutional. A review by the Justice Administration department also raised concerns, but then Senator for Justice Dirk Behrendt (Greens) apparently did not investigate further.

Badenberg told Tagesspiegel that going forward, the law will remain in place but will be applied in a way consistent with the constitution. Jobseekers with a recent migration background will be invited to interviews, provided this decision does not undermine the principle that the best-qualified candidates are selected.

Going forward, having a recent migration background should not mean applicants are given preferential treatment in deciding who fills the job. Badenberg said she would seek help from the CDU’s coalition partner, the SPD, in making further amendments to ensure the law is consistent with the constitution.

Other German federal states, such as Baden-Württemberg, Bavaria, Hesse, North Rhine-Westphalia and Saxony all have policies to promote the employment of people with a migration background in public jobs, but Berlin is the only state with such a job applicant quota.