State parliament committee of enquiry examines summary proceedings on filling vacancies at the OVG Münster

Kristina Dörnenburg | Prof Dr Klaus Herrmann

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26.01.2025

The Parliamentary Committee of Inquiry of the Düsseldorf state parliament has requested DOMBERT Rechtsanwälte to submit the files dealing with the disputes surrounding the appointment of the President of the Higher Administrative Court (OVG) of Münster. The procedural documents are to be used to scrutinise the statements made by the Ministry of Justice and the witnesses heard by the committee of enquiry.

DOMBERT Rechtsanwälte had successfully represented an unsuccessful applicant. In summary proceedings before the Münster Administrative Court, the applicant was initially able to stop the appointment (case no. 5 L 583/23). The decision of the OVG Münster, which overturned the decision and rejected the urgent application (case no. 1 B 1082/23), was ultimately overturned by the Federal Constitutional Court (2 BvR 418/24).

The Federal Constitutional Court had criticised the fact that the senate of the Higher Administrative Court had not sufficiently examined whether the selection decision was flawed due to political influence and personal bias on the part of the Minister of Justice. After an expert confirmed during the investigations of the Parliamentary Investigation Committee - as had the Münster Administrative Court previously - that the official assessment of the selected applicant was flawed in law, the Ministry of the Interior cancelled the official assessment and the Ministry of Justice cancelled the selection decision based on it.

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