District Administrators Voice Disapproval Over Firewall Implementation Decision.
The city of Dortmund finds itself in a legal quandary following the passing of the "Declaration of the Council - We are the firewall" on February 13, 2025. The resolution, which is explicitly directed against the AfD faction in the council, has been deemed materially unlawful by the regional government of Arnsberg.
The regional government's objection is based on several grounds, including the resolution's material illegality and its potential violation of the municipal loyalty. The municipal loyalty requires all organs of a municipality to work together trustfully and loyally within their legal tasks. The local supervision justifies this objection by stating that the resolution was passed under the influence of federal political events and the wording of the resolution.
The resolution's internal party loyalty is also threatened, as it allows individual parties or factions to exclude cooperation with the AfD faction. The local supervision believes the resolution is formally unlawful because the council has exceeded its association powers with this resolution. There are serious legal violations in the resolution, including systematic exclusion and hindrance of AfD representatives in fulfilling their mandate.
The exclusion of AfD representatives by the resolution is seen as a violation of the party privilege regulated in the Basic Law. This pressure makes trustful work impossible and could give the impression that AfD representatives are "second-class representatives."
If the dispute over the "firewall resolution" continues, the local supervisory authority may discipline the mayor. The higher supervisory authority with the right to revoke a Dortmund city council resolution is generally the municipal supervisory authority of the state government of North Rhine-Westphalia (NRW). This is because local councils in NRW are subject to oversight by the state government, which can annul council decisions if they violate laws or regulations.
Arnsberg has stated that if the council continues to adhere to the resolution, it will withdraw it as the superior instance. The council of the city of Dortmund is urged to reconsider the firewall resolution in its next meeting. As of now, the press office of the city of Dortmund has not commented on the proceedings regarding the resolution.
It is important to note that the resolution is not legally binding but sends a signal that democratic council members do not want to work with parties deemed right-wing extremist or hostile to the constitution. However, if democratic parties commit to not passing resolutions that would only be approved with AfD votes, the democratic participation rights of the AfD and other parties labeled as right-wing extremist are restricted.
This situation underscores the delicate balance between upholding democratic principles and maintaining the integrity of local governance. The outcome of this dispute will likely set a precedent for future council resolutions and the role of political parties in local politics.
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