Disputes concerning political statements made by members of the government are of a constitutional nature and therefore do not fall within the jurisdiction of the administrative courts. The Wiesbaden Administrative Court (VG) has dismissed as inadmissible a corresponding application for interim relief brought by the Berlin regional branch of the party „Die Linke“ against a statement made by Roman Poseck, the Hessian CDU Minister for the Interior (Case No. 6 L 2507/26.WI, order of 7 October 2026).

At the end of September, Poseck had commented on the Berlin Left on the Instagram channel of the Hessian Ministry of the Interior: „In my view, the “clan’ problem within the Berlin Left has thus taken on a new dimension.” The regional association regarded this as an impermissible statement by a public office holder and sought a court injunction to have it prohibited. Poseck had failed to comply with a previous cease-and-desist order.

However, the Wiesbaden Administrative Court did not address the question of whether Poseck had breached the state’s duty of neutrality with his statement; rather, it held that the matter did not fall within the jurisdiction of the administrative courts. According to the court, the decisive factor for jurisdiction was whether the dispute was of an administrative or constitutional nature. In the court’s view, Poseck, as a member of the state government, had made his remarks in the course of his political duties in governing the state; consequently, the dispute was of a constitutional nature and should therefore be resolved by the Hessian State Constitutional Court.