Message
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22.11.2024
The legal dispute over the appointment of the President of the Higher Administrative Court of Münster has ended for the time being without a decision by the Higher Administrative Court on the appeal by the Ministry of Justice. After the administrative courts in Münster and Düsseldorf had prohibited the appointment of the candidate favoured by the Ministry of Justice, the Higher Administrative Court overturned these decisions following an appeal by the Ministry. An unsuccessful applicant represented by DOMBERT Rechtsanwälte lodged an appeal against this decision. Complaint to the Federal Constitutional Court, which in turn overturned the decision of the Higher Administrative Court concerning him and demanded a detailed review of the disputed indications of a political predetermination and a concern of bias on the part of Justice Minister Benjamin Limbach.
On 19 November 2024, the state government revoked the decision to appoint the favoured candidate. The Ministry of the Interior withdrew the official assessment issued to her due to legal errors after the Higher Administrative Court pointed out the probable unlawfulness of the official assessment. As there is no longer any threat of appointment, the court decision is no longer necessary.
The State Ministry of Justice is now preparing a new selection decision to fill the office of President. At the same time, the Düsseldorf state parliament is discussing new regulations for appointments to top positions in the judiciary. A parliamentary committee of enquiry is also continuing to look into the question of political influence on the appointment procedure, irrespective of the discontinuation of the judicial proceedings.