A competitor for the office of president of the highest administrative court in North Rhine-Westphalia probably wants to appeal to the Federal Constitutional Court. This is supported by the fact that he lodged a so-called hearing complaint with the Higher Administrative Court (OVG), which was rejected today. It represents a necessary preliminary stage for a constitutional complaint. With this he would criticize the fact that his arguments have not been sufficiently taken into account in the previous court proceedings. Above all, this includes the fact that there was political influence by NRW Justice Minister Benjamin Limbach (Greens).
Decision could take months
The filling of one of the highest judge positions in North Rhine-Westphalia has been a concern for the courts for some time, as there was criticism of the procedure from the unsuccessful applicants. Justice Minister Limbach was suspected of having favored the applicant he had selected for the post. The Higher Administrative Court in Münster denied this and cleared the way for the candidate selected by the Minister of Justice.
The unsuccessful applicants can only defend themselves against this with a constitutional complaint. The question is whether the competitor’s arguments have been given enough attention in the legal proceedings so far. With a complaint in Karlsruhe, the top position at the OVG would initially remain vacant until a decision is made – and that could take months.
Our sources:
own WDR researchdpa news agency