I think this is the right move, regarding separation of powers. I trust the German jurisdiction to do the right thing here.
Plus, she said that the law protecting foreign officials from defamation is obsolete and they will void it.
Plus, she said that the law protecting foreign officials from defamation is obsolete and they will void it.
If the law did not normally require executive decisions it would be different.
Essentially, this has nothing to do with "regarding separation of powers", since the law in question requires "und die Bundesregierung die Ermächtigung zur Strafverfolgung erteilt", i.e. "that the federal government gives the courts authority to prosecute". Without order to prosecute from the executive, the judiciary would have no legal grounds.
It would have been in line with both the word and spirit of the law if she would have denied this authority.
You're technically absolutely correct, but essentially it is about separation of powers. That is also the public perception.
Strategically and diplomatically it would be the wrong move to deny it - that can only backfire in a much worse way than it does now. This will all blow over.
Altough, I'm not so sure about the other suit which Erdogan placed using his german attorney.
Requiring permission to prosecute doesn't mean the government can do what it wants in this case. That law is meant to be part of the respect that is given to honest diplomatic partners. At least in the diplomatic fiction, this is the case.
Denying that respect would cast doubt on the numerous treaties between the EU, Germany and Turkey, including NATO membership. Something Germany can ill afford currently.
While, at the same time, allowing one of her citizens to be prosecuted based on it.
The only thing which bothers me is that it is going to be effective only starting 2018. In the current situation, they'd have a huge majority in the parliament.