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Committee of inquiry into judicial personnel matters begins work

Was nepotism involved in the appointment of the head of the NRW Higher Administrative Court? A committee of inquiry is now taking a closer look.

NRW Justice Minister Limbach under pressure over a personnel matter
NRW Justice Minister Limbach under pressure over a personnel matter

Parliament - Committee of inquiry into judicial personnel matters begins work

The investigative committee of the North Rhine-Westphalia state parliament has convened and is now ready to work. The committee "OVG-Besetzung", which was pushed through by the opposition parties SPD and FDP, aims to examine the circumstances of the occupation of the President position at the Oberverwaltungsgericht (OVG). In the spotlight is State Justice Minister Benjamin Limbach (Greens).

From the opposition's perspective, there is a suspicion that party affiliation and connections played a role in the occupation and not the competence of the applicants. The ruling coalition parties CDU and Greens, on the other hand, accuse the opposition of politically motivated scandals and point to a judgment of the Oberverwaltungsgericht, which certifies a lawful procedure. The chairmanship of the committee has been taken over by the CDU in turn. As chairman, the CDU faction named the jurist Klaus Voussem.

Minister under Criticism

Justice Minister Limbach was put under political pressure due to the first-instance decisions of the Administrative Courts in Munster and Düsseldorf, in which significant criticism of the appointment procedure was expressed. However, the OVG in Munster then dismissed the appeals of two applicants for the position in the next instance as unfounded.

The decision of the state government went to a late applicant in the procedure. A lower federal judge, who had also applied for the OVG presidency, then filed a complaint with the Federal Constitutional Court in Karlsruhe. This delays the filling of the vacancy, which has been open for almost three years, indefinitely. Following the disputes over the OVG presidency, Limbach has since initiated a reform of the appointment procedures for top officials in the justice system.

  1. The investigation committee in North Rhine-Westphalia's parliament, dubbed "OVG-Besetzung," is spearheaded by opposition groups SPD and FDP, aiming to scrutinize the judgeship occupation at the Oberverwaltungsgericht (OVG).
  2. The committee's focus falls on State Justice Minister Benjamin Limbach (Greens) as allegations of party affiliation and connections in the occupation process surface.
  3. The ruling coalition parties CDU and Greens contend that the opposition's motion is politically motivated and point to an Oberverwaltungsgericht judgment that ascertains an orderly procedure.
  4. The committee's chairmanship was assumed by the CDU, with Klaus Voussem, a jurist within the CDU faction, appointed as chairman.
  5. Minister Limbach faced political tension due to first-instance rulings from Administrative Courts in Munster and Düsseldorf, which criticized the appointment procedure.
  6. Despite appeals from two applicants in the subsequent instance at the OVG Munster being declared unfounded, the State Government's choice of a late applicant in the process has delayed the OVG's vacancy filling indefinitely.
  7. Following the uproar surrounding the OVG presidency, Justice Minister Limbach has instigated a reform of top-tier appointment procedures within the justice system.

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