Politicking and governance affairs - Legal action by district over Görlitzer Park perimeter
In order to halt the proposed fence and nightly closure of Görlitzer Park in Berlin-Kreuzberg, the Green-led district has taken legal action. On Monday, the District of Friedrichshain-Kreuzberg divulged they had filed a lawsuit against the Senate with the Administrative Court, aiming to halt and undo any measures instituted by the Senate's CDU and SPD factions concerning the park. To date, no litigation has been initiated over the dispute concerning the senate's jurisdiction in Berlin.
The Senate intends to implement these measures in an effort to suppress drug-related crimes and nightly altercations. Berlin's Mayor, Kai Wegner (CDU), declared that entrance gates and fencing will be erected despite the District's opposition. Critics argue that drug peddling will simply be relocated to the surrounding streets of the park. In preparation to thwart the construction of entrance gates and nightly park closures, the district has long pondered numerous strategies. However, some residents express the belief that the park should be closed during the night.
By law, parks and other green spaces in Berlin are governed by the districts initially. The Senate can assume responsibility for such areas under particular conditions but must adhere to legal regulations. Districts can postpone the Senate's involvement.
The district maintains that the Senate's infringement on its jurisdiction necessitates a "disruption of the urgent interests of Berlin," as stipulated. The district emphasizes that the statute specifies four concrete instances, yet none of them apply to this scenario: interests of Berlin as the federal capital, administration of predominantly federal and international law, instructions from the federal government, or matters related to information and communication technology.
It is uncertain whether the district can sue the Senate, as both entities are essentially representing the federal state of Berlin. This issue must also be addressed by the Administrative Court.
In this political dispute, there's also the question of party affiliations and voter leanings. The CDU and sections of the SPD have indicated a focus on addressing drug trafficking. The Greens, on the other hand, champion alternative residents in Kreuzberg who are contrary to further police presence and state intervention. In a verdict, either the Senate or the district might vehemently defend their respective stance, having fought for it fervently and only being halted by the court system.
