The Federal Constitutional Court (BVerfG) has provisionally cancelled a temporary order for an official medical examination of a family court judge from Lower Saxony. The examination ordered by the employer may not take place - for a maximum period of six months - until the court has finally ruled on the constitutional complaint (case reference: 2 BvR 36/26 of 27 January 2026).

The judge had repeatedly expressed her fear of being transferred to another court. In addition, there was a professional dispute about the court's jurisdiction in family law proceedings. Superiors doubted her fitness for duty due to her behaviour and ordered a medical examination. The judge tried to prevent this in court - initially without success before the administrative courts.

In its balancing decision, the BVerfG judged the disadvantages for the judge to be greater than for the employer if the urgent decision turned out to be wrong in the main proceedings. The interference with the judge's personal rights would have serious consequences and could no longer be reversed. In contrast, a further delay in the investigation would not be as serious for the employer. Therefore, the order for the investigation must now be suspended until the BVerfG has made its final decision.