Administrative court must now consider the allegations against the clan

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05.11.2026

The Wiesbaden Administrative Court must now address the controversial statement made by Roman Poseck, the Hessian Minister of the Interior. At any rate, this is what the Hessian State Constitutional Court has now ruled (Ref.: 7 B 2931/26 of 30 October 2026). In its view, disputes concerning political statements made by members of the government are not of a constitutional nature and therefore do not fall within the jurisdiction of the administrative courts. The Wiesbaden Administrative Court (VG) had dismissed as inadmissible a corresponding urgent application by the Berlin regional branch of the party „Die Linke“ against a statement made by Roman Poseck, the CDU Minister for the Interior in Hesse, on the grounds that it constituted a constitutional dispute.  

 

As the State Constitutional Court explains, Poseck did not make his statement on the „clan problem within Berlin’s Left Party“ in his capacity as a constitutional body. Rather, this statement was made in the context of his professional role in public relations, which he is required to fulfil as the police’s appointing authority. Consequently, the Administrative Court, and not the Constitutional Court, has jurisdiction in this case.

DOMBERT Rechtsanwälte

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