Constitutional complaint for the position of OVG President Münster successful

Prof Dr Klaus Herrmann | Kristina Gottschalk, LL.M.oec. | Dr Stephan Berndt | Ulf Domgörgen | Prof Dr Klaus Günther-Dieng

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01.08.2024

A new decision must be made on filling the position of President of the Higher Administrative Court of Münster (OVG), which has been vacant since June 2021. This is the result of the decision announced today by the Federal Constitutional Court (Ref.: 2 BvR 418/24 of 07.08.24). This means that the constitutional complaint lodged by the applicant represented by DOMBERT Rechtsanwälte against the decision of the Münster Higher Administrative Court has been successful.

 

At the end of February, the OVG Münster ruled that the position of the highest administrative judge in the state of North Rhine-Westphalia could be filled by the candidate selected by the State Minister of Justice Benjamin Limbach and thus upheld the state's complaints against the decisions of the administrative courts of Münster and Düsseldorf (Ref.: 1 B 1082/23 of 29 February 2024). The applicant represented by DOMBERT Rechtsanwälte had successfully filed an urgent appeal against the selection decision before the Münster Administrative Court and halted the appointment procedure (Ref.: 5 L 583/23 of 28 September 2023); shortly afterwards, the urgent appeal filed by another unsuccessful applicant before the Düsseldorf Administrative Court was also successful (Ref.: 13 L 1593/93 of 17 October 2023).

 

The candidate represented by DOMBERT Rechtsanwälte welcomes the Federal Constitutional Court's swift decision. It is now important that the dispute over the filling of this important post in the country's judiciary is resolved quickly.

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