lawsuit - Court stops occupation of General Prosecutor's Office
The Administrative Court of Schleswig-Holstein has halted the appointment process for the position of the General Prosecutor. The 12th Chamber of the court prohibited the state of Schleswig-Holstein from filling the position with the chosen candidate on Thursday, the court announced. This decision granted an application for a preliminary injunction on the proceedings.
The state government decided in March that Ralf Anders would be the new General Prosecutor in Schleswig-Holstein. Anders, a privatdozent, has led the second largest prosecutor's office in Germany in Hamburg since 2019. Previously, Anders worked in various positions in the Schleswig-Holstein justice system and in the Ministry of Justice, including as head of the department for criminal law and supervision of the Schleswig-Holstein prosecutor's offices in the Ministry, as well as head of the prosecutor's office in Lübeck.
Procedural errors in evaluation
The first appointment procedure had to be canceled due to a decision by the Oberverwaltungsgericht Schleswig. In the new, nationwide application process, three leading jurists had applied for the position. In the end, the qualified criminal lawyer Anders succeeded in this application process, according to the Ministry of Justice.
The court's decision to halt the appointment was based primarily on the fact that the selection decision was based on a flawed evaluation of the selected candidate. During the evaluation, procedural errors occurred, making them an unsuitable basis for a selection decision.
The decision is not yet legally binding. A complaint against the ruling can be filed with the Oberverwaltungsgericht within two weeks of service.
The 12-chamber ruling halts the appointment of Ralf Anders as the General Prosecutor in Germany's Schleswig-Holstein, handed down by the Administrative Court in Schleswig-Holstein. The court cited procedural errors in the candidate's evaluation as the main reason for halting the appointment process, which was initially initiated by the state's Ministry of Justice. Anders, a privatdozent, has extensive experience in the Schleswig-Holstein justice system, serving in various roles, including as head of the criminal law department and supervision of the Schleswig-Holstein prosecutor's offices in the Ministry, as well as head of the prosecutor's office in Lübeck. The Public Prosecutor's Office in Schleswig-Holstein and the Ministry of Justice are awaiting the outcome of the complaint, which can be filed with the Oberverwaltungsgericht within two weeks.
