The decision of the German Federal Court of Appeal, in the context of the appeal of the decision by the Munich High Court in 2018, regarding the NSU serial killings case, raises concerns. As a matter of fact, this decision reinforced the perception that racism and xenophobia did not receive the punishment they deserved and that the true dimensions of the NSU organization wanted to be left unclarified.

Although the judiciary is of course independent, this decision did not fully clarify the nature of the serial killings committed by a racist gang, did not ease the consciences of the victims' families and it damaged the trust in the judiciary.

This decision showed that Germany should take the threat of racism, xenophobia and Islamophobia more seriously.