Candidates for the office of municipal councillor also have a judicially reviewable right to equal opportunities in the application process when elected by the municipal council. This is the result of a ruling by the Federal Administrative Court (BVerwG) (Ref.: 2 C 12.24 of 10.04.2025). According to the court, the election of an alderman is based on an act of democratic decision-making and is therefore not itself subject to substantive review by the courts.

However, the principle of selecting the best candidates in accordance with Art. 33 Para. 2 of the Basic Law entitles applicants to an equal-opportunity organisation of the procedure. The selection procedures and even the creation of these management positions should not be organised in such a way that they exclude suitable applicants from the outset. According to the Federal Administrative Court, a decision-making process in the municipal council based on (municipal) political considerations is not objectionable „if the formal requirements for a procedure in accordance with the rule of law and the principle of equal opportunities“ are met.