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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 is under pressure over a personnel matter.
NRW Justice Minister Limbach is 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 SPD and FDP factions, aims to examine the circumstances of the occupation of the presidency 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 may have influenced the decision, rather than the competence of the applicants. The ruling coalition factions of CDU and Greens, on the other hand, accuse the opposition of politically motivated scandals and point to a judgment of the Oberverwaltungsgericht that attests to a lawful procedure. The committee chairmanship was handed over to the CDU in rotation. The CDU faction named lawyer Klaus Voussem as chairman.

Minister under Scrutiny

Justice Minister Limbach came under political pressure due to the initial decisions of the Administrative Courts in Münster and Düsseldorf, which contained significant criticism of the appointment procedure. However, the OVG in Münster then dismissed the appeals of two applicants for the next instance as unfounded.

The selection was made by a late entrant 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 delayed the filling of the vacancy, which has been open for almost three years, indefinitely. After the controversy over the OVG presidency, Limbach has since initiated a reform of appointment procedures for top positions in the justice system.

"We want to reveal how the appointment came about – and whether the boundary between law and nepotism was crossed," announced Werner Pfeil for the FDP faction. It is also important to restore trust in the independence and integrity of the judiciary and to design future appointment procedures more clearly and fairly.

"We want to get to the bottom of it now," said Nadja Lüders (SPD). "I assume that we will be able to reach a result within one year." This also depends on the ruling coalition: whether they plan delaying tactics or unnecessary procedural tricks. "We want to get to the bottom of it now and would also like to question some witnesses during the summer break."

Gregor Golland (CDU) called the investigative committee absolutely unnecessary. "All arguments have been exchanged in the legal committee several times." Minister Limbach (Greens) has managed to refute all the allegations. The Oberverwaltungsgericht also confirmed the legality of the Minister's decision.

The fact that SPD and FDP do not wait for the ongoing proceedings at the Federal Constitutional Court shows a lack of respect and reveals the desperation of the opposition. "SPD and FDP are more interested in the show than in the matter," criticized Dagmar Hanses (Greens). For the opposition, the investigative committee is only a stage.

  1. The 'OVG-Besetzung' investigation committee, headed by CDU's Klaus Voussem, is now actively working in the North Rhine-Westphalia state parliament.
  2. Benjamin Limbach, the State Justice Minister from the Greens party, is under scrutiny due to the controversies surrounding the appointment procedures at the Administrative Courts in Münster and Düsseldorf.
  3. The opposition groups SPD and FDP, led by Werner Pfeil and Nadja Lüders respectively, believe an investigation is necessary to ensure transparency in the judiciary and have accused Minister Limbach of nepotism.
  4. The ruling coalition factions, CDU and Greens, maintain that the proceedings were lawful, with a judgment from the Oberverwaltungsgericht backing up their claims.
  5. The Federal Constitutional Court in Karlsruhe is currently handling a complaint filed by a lower federal judge, which has delayed the filling of the presidency position at the OVG for almost three years.
  6. Minster Limbach has since initiated a reform of appointment procedures for top positions in the justice system following the controversy over the OVG presidency.
  7. The Federal Constitutional Court proceedings and parliamentary investigation committee are ongoing, with Gregor Golland (CDU) denouncing the investigative committee as unnecessary and Dagmar Hanses (Greens) criticizing the opposition's lack of respect for the ongoing proceedings.

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