- The Judicial Body Interpreting the Constitution Rulings on Controversy Surrounding OVG's Online Content
In the ongoing argument over who should be the president of the North Rhine-Westphalia Superior Administrative Court (OVG), the German Federal Constitutional Court will make their decision next week regarding a constitutional appeal. As reported by the court in Karlsruhe, the decision will be announced on Thursday.
An applicant filed a constitutional complaint with the Federal Constitutional Court in March, contesting a decision made by the OVG in Münster. In February, the OVG had dismissed the grievances of two candidates seeking the position as baseless in their second round of deliberations.
Controversy surrounding the appointment
Following emergency appeals from unsuccessful candidates, administrative courts initially halted the appointment process. Limbach, under political scrutiny due to the initial decisions made by administrative courts in Münster and Düsseldorf, which included direct criticism of the appointment process, was facing pressure. The chosen candidate, who only entered the competition late on, had benefited greatly from the decision made by the OVG in Münster.
The dubious appointment of one of the highest judicial positions in North Rhine-Westphalia is also under investigation by a parliamentary committee. From the opposition's perspective, there's suspicion that party ties and connections may have played a decisive role in the appointment, rather than the candidates' competencies. The vacancy, which has remained unfilled for approximately three years, has been further prolonged due to this controversy.
The unsuccessful candidates appealed against the decision, hoping to overturn it at the Federal Constitutional Court. Regardless of the court's decision next week, the controversy surrounding the appointment has significantly delayed the filling of the vacant position at the OVG.
