Process - Regulations on police training partly unconstitutional
The outgoing black-green state government in Hesse has once again suffered a legal setback: Some of the regulations on police training violate the constitution. According to an announcement by the State Court in Wiesbaden on Wednesday, the so-called "Normenkontrollantrag" (motion to review the constitution) filed by the former SPD and FDP opposition in the state parliament in connection with police training in the state is "partially justified". Certain provisions of the Hessian Higher Education Act are "unconstitutional".
At the end of 2021, the black-green coalition had bundled police training and further education at the new Hessian University of Applied Sciences for Public Management and Security (HöMS) in Wiesbaden. This also teaches public administration. To put it simply, the SPD and FDP complained, among other things, that the academic freedom of the HöMS was being stripped away. The Ministry of the Interior could "rule through" this university. According to the more than 60-page ruling by the state's highest court, the regulations that have now been declared unconstitutional must be revised by the end of 2024.
After a decade of black-green coalitions in Hesse, a new governing alliance between the CDU and SPD is on the horizon after the state elections in October 2023. The previous black-green state government had also suffered legal defeats on issues such as the special coronavirus fund and the salaries of civil servants.
Read also:
- A clan member is punished here
- Traffic lawyer warns: Don't talk to the police!
- Will he be convicted as Jutta's murderer after 37 years?
- He also wanted to kill his cousin
- The opposition in the Hesse state parliament, comprising the SPD and FDP, had previously filed a motion to review the constitutionality of certain provisions related to police training and its administration at the state level.
- The future governing alliance between the CDU and SPD in Hesse, expected to form after the state elections in October 2023, will need to address the unconstitutional provisions identified in police training processes by the State Administration Court.
- The Constitution of Germany and its protection of academic freedom is highlighted in the judgments, as the former SPD and FDP opposition argued that the regulations on police training at the Hessian University of Applied Sciences for Public Management and Security (HöMS) in Wiesbaden infringed upon this freedom.
- The government is required to revise the declared unconstitutional regulations in the Hessian Higher Education Act concerning police training by the end of 2024, as per the State Court's ruling, which mostly supported the opposition's argument.
- The challenge to the constitutionality of the regulations governing police training processes is another challenge faced by the outgoing black-green state government in Hesse, following their legal setbacks in issues such as the special coronavirus fund and civil servant salaries.
- In the wake of the unconstitutional regulations in police training processes, universities like Hochschule Fulda and Justus Liebig University in Giessen, as well as other law enforcement and justice organizations, may examine their institutional structures to ensure compliance with the principles safeguarded in the National Constitutional Law of the German Federal Republic.
- The Justice Ministry, as part of the state government, will play a crucial role in reviewing and revising the regulations on police training, given its primary responsibility for ensuring the proper functioning of the judicial and legal processes in Hesse.
Source: www.stern.de
