- Court: The election of Wiesbaden's decernent is invalid
Administrative Court Wiesbaden declared the election of Christiane Hinninger (Greens) as Environment and Economics Senator of the state capital as invalid. The court made this announcement as a ruling in September 2022, following a lawsuit filed by a member of the city council. The ruling concerned Hinninger's alleged unlawful presence in the meeting room during a discussion about her election.
Hinninger left the meeting room during the debate but later entered a nearby room (a cloakroom) near the meeting room. There was a possibility of eye contact with city council members during this time. The court considered this an unlawful presence in the meeting room, regardless of whether she actually influenced the election or not.
Hinninger stated in the proceedings that she had only been in the nearby room for a short time while she was locked out of a side room - a cloakroom. She could not perceive the discussion during this time. The plaintiff argued that the Green politician had indirectly followed the debate despite a potential conflict of interest in the meeting room and could thus exert influence on the election. The judgment is not yet legally binding. The defendant can file an appeal, which will be decided by the Hessian Administrative Court of Appeals.
The mayor stated that she would not comment on the decision immediately and would wait for the court's justification. According to the judgment of a court spokesperson, the decision has no consequences for her current office as mayor, which she was elected to in a later election. It concerns a judicial control of an election that has already been overtaken.
According to the Hessian Community Ordinance, officials who cannot participate in a deliberation and decision due to a potential conflict of interest must leave the deliberation room. Decisions made in violation of this rule are therefore invalid.
"Elections have an extremely important role in a democracy. This must have consequences," said the faction leader of the CDU city council fraction, Daniela Georgi, in response to the court decision.
- The invalidation of Christiane Hinninger's election by the Administrative Court in Wiesbaden sparked controversy in Hesse's politics, raising questions about the role of leaders in deliberation rooms during elections.
- The Communal Ordinance of Hesse states that officials with potential conflicts of interest must leave the meeting room during elections, ensuring a fair and legal election process.
- The Administrative Court's ruling, declaring Hinninger's election as Environment and Economics Senator invalid, was a sharp reminder of the importance of adhering to the rules during the election process in the local commune.
- The upcoming election for a new Environment and Economics Senator in Hesse may face increased scrutiny as a result of the ruling from the Administrative Court in Wiesbaden, leading to a more stringent enforcement of the Communal Ordinance.
