Dispute over high judgeship rages on

Parliament - Dispute over high judgeship rages on

"Manipulation" by the state government or "conspiracy theories" by the opposition? Further details have come to light in the dispute over the appointment of the head of the North Rhine-Westphalian Higher Administrative Court. This led to a heated exchange of blows between the black-green coalition and the opposition in the state parliament on Friday. Justice Minister Benjamin Limbach (Greens) and Head of the State Chancellery Nathanael Liminski once again rejected accusations of political influence in the appointment of one of the highest judgeships in the state in an hour of topical debate pushed through at short notice by the SPD and FDP.

The SPD and FDP accuse Limbach of having helped an acquaintance and former judge colleague to become President of the NRW Higher Administrative Court. The cabinet had decided on the appointment on August 8. However, two administrative courts subsequently halted the appointment because the unsuccessful applicants had filed a lawsuit. The Münster Higher Administrative Court itself must now decide on the matter.

Several talks with applicants

Head of the State Chancellery Liminski has now also come under fire from the opposition. During the debate, he admitted to having several conversations with applicants. He had held "several talks" with two of the four candidates - in each case on their initiative, said Liminski. He had spoken to both of them "in person and by telephone". Both had known that the selection vote would be made in the Ministry of Justice and not in the State Chancellery.

As government coordinator, he was involved in all cabinet processes, said Liminski. It was therefore "self-evident" that he would not turn down requests for interviews from people who were being considered for the high office of judge. "The perhaps somewhat jarring appointment to a high judicial post is not nice, but it is also not an absolute novelty," he said.

A normal process?

For the SPD, on the other hand, the state government 's repeated talks with candidates for the high judicial office are not a normal procedure. "No, that's not normal," said Wolf. Liminski should have stopped the talks during the ongoing proceedings. Wolf accused the black-green state government of manipulating the appointment of one of the highest judgeships in the state. There were "a lot of inconsistencies" in the procedure.

The fact that the State Chancellery had also interfered in the interests of the Ministry of Justice with its discussions "is anything but normal and puts the icing on the cake", said Wolf. The question is whether posts in the civil service are filled "according to personal preferences or according to basic principles of selecting the best". This shakes confidence in the independence of the judiciary. Justice Minister Limbach must resign.

Justice Minister Limbach confirmed that the procedure had been conducted "fairly, transparently and openly". He had held talks with all four candidates. "This is a completely normal process. It is a requirement of fairness. This applies all the more when applicants themselves ask for interviews with me." He had "drawn the attention of all four applicants to the high-caliber field of candidates" and asked them to consider their application against this background. He had expressly asked one of the applicants, who was "an extremely important and indispensable employee" for him, to remain in the ministry.

Limbach said that two of the applicants had now initiated a so-called competitor dispute. This is a lawsuit concerning the legality of the appointment of a competitor to an office. This matter will now be decided by the Higher Administrative Court, said the Green Minister.

Accusation of manipulation

The FDP also accused Limbach of giving the impression that he wanted to fill the senior judgeship on the basis of personal sympathy rather than selection of the best candidates. FDP parliamentary group leader Henning Höne referred to the decision of the Münster Administrative Court, which had stopped the appointment to the top post in the NRW judiciary with reference to a "manipulative procedure" in favor of the applicant. "That was an unprecedented slap in the face for a justice minister in the history of this country."

CDU MP Jörg Geerlings accused the opposition of "conspiracy theories". The selection process, the interviews with the applicants and the legal proceedings were not unusual. The opposition is trying to "use permanent games to construct something that never actually took place" and is now outdoing itself with calls for Limbach's resignation. "They are not only trying to damage the Minister of Justice, but also want to damage the reputation of the obviously most suitable candidate for a high judicial office."

Question time in parliament, Liminski's statements from 6.45 pm

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The dispute over the appointment of the head of the North Rhine-Westphalian Higher Administrative Court has led to a heated exchange between the state government and the opposition in the State parliament.
The opposition, including the SPD and FDP, accuses Justice Minister Benjamin Limbach of helping an acquaintance and former judge colleague to become President of the NRW Higher Administrative Court.
Nathanael Liminski, Head of the State Chancellery, has also come under fire for having several conversations with applicants for the high judgeship.
The FDP further accused Limbach of giving the impression that he wanted to fill the senior judgeship on the basis of personal sympathy rather than selection of the best candidates.
The State Chancellery, led by Nathanael Liminski, had several talks with two of the four candidates for the high judicial office, which was seen as unusual by the opposition.
The State government maintains that the procedure was conducted fairly, transparently and openly, and that the talks with all four candidates were a normal part of the selection process.
The Ministry of Justice, led by Justice Minister Benjamin Limbach, confirmed that one of the applicants, who was an important employee for Limbach, was asked to remain in the ministry.
The case will now be decided by the Münster Higher Administrative Court, following the decision of two administrative courts to halt the appointment due to a lawsuit initiated by the unsuccessful applicants.
The FDP parliamentary group leader, Henning Höne, referred to the decision of the Münster Administrative Court, which halted the appointment to the top post in the NRW judiciary due to a "manipulative procedure" in favor of the applicant.

Source: www.stern.de