Wedel's Municipal Leader - The court declines to delay the decision on Kaser's vote.
The mayor of Wedel, Gernot Kaser, was unsuccessful in his attempt to delay the potential termination of his post by the Schleswig Administrative Court. The judges did not find any evident violation of the law committed by the city. They ruled on Tuesday (case number 6 B 8/24) that it wasn't possible to push back the designated date of June 9th because it conflicted with the principle of objectivity in interim legal protection, as stated by a court spokesperson.
During the legal action taken against the city and city council, the judges also determined that the mayor lacked the right to issue a statement on his own behalf on the matter. The municipal code stipulates that the municipality must notify citizens of its reasons and positions when dismissing the mayor. However, it does not entitle the mayor to make a public statement. He can still express his opinions on various issues and accusations in multiple ways, such as through the media, social platforms, and his personal website.
In the case, the mayor believed that the entire election process breached fundamental principles of the municipal code. There are clear indicators of a violation of the objectivity principle and suppression of free will of the electorate through public agitation, disciplinary procedures, and criminal complaints for embezzlement.
Kaser recently addressed the June 9th election on his website, stating: "Naturally, I also made mistakes while implementing the required changes." Yet he believes modernization is essential to allow Wedel to maintain autonomous decisions, not relying on the state's limited resources. "This ultimately led to a conflict between municipal politics and me, the elected administration leader."
Within the next two weeks, an appeal can be filed against the court's decision with the Higher Administrative Court.
Mayor's website: https://www.wedel.de/de/stadtverwaltung/der-buergermeister/
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- The summary proceedings for Kaser's case at the Schleswig Administrative Court concluded with a ruling rejecting the request for a postponement of the June 9th termination date.
- In Schleswig-Holstein's Wedel, an administrative court dismissed Mayor Gernot Kaser's appeal against the city council's decision, asserting that there was no legal basis for delaying the election proceedings.
- Following the Schleswig Administrative Court's summary proceedings judgment, Gernot Kaser's deselection as Wedel's Municipal Leader is scheduled to proceed on the initially designated June 9th date, upholding administrative justice.
Source: www.stern.de