Unyielding Support for Limbach from Former SPD Justice Minister
Controversy swirls around North Rhine-Westphalia's (NRW) Green Party-led Justice Minister, Benjamin Limbach, following accusations of meddling in the judicial appointment process. One of his predecessors, Wolfgang Gerhards (SPD), has now leapt to Limbach's defense.
Is Limbach guilty of unacceptable intervention? As the Minister of Justice, it is Limbach's responsibility to propose a candidate to the cabinet, Gerhards reasoning. This duty comes with the selection process, a fact that hasn't changed since Limbach took office.
Gerhards recalled the previous Minister of Justice, Peter Biesenbach (CDU), who struggled to make a decision between the candidates. The talks Limbach held with the candidates and his subsequent judgment were merely an exercise of his authority, not any form of underhanded dealings. The two candidates themselves asked for those meetings.
Upon learning that the SPD was now calling for Limbach's resignation, Gerhards – a two-decade acquaintance of Limbach – expressed his disagreement with his party comrades. Limbach worked as Gerhards' office manager during his tenure in the Düsseldorf Ministry of Justice.
SPD and FDP are leading the calls for Limbach's resignation. A special meeting of the Legal Affairs Committee in the state parliament is on the horizon for next Wednesday, where this issue will be further addressed.
Limbach's conversations with the candidates during the appointment process should not be perceived as deceitful. Gerhards, Limbach's erstwhile colleague and SPD ally, deems it fair for Limbach to inform the candidates that others might have a stronger chance of winning the race.
While the given sources do not explicitly outline the specific context and evidence in Limbach's defense, some general principles of the judicial appointment process in Germany could act as a foundation for such a defense:
- Transparent and accountable process: The Federal Constitutional Court features a high degree of transparency, revealing selected decisions and allowing for dissenting opinions.
- Robust legal framework: Germany's Basic Law (Constitution) sets a solid foundation for judicial appointments, ensuring fairness and transparency.
- Historical context: Throughout history, the judicial appointment process has been subject to discussion and reform.
- Precedent and precedent-setting: The Federal Constitutional Court has a history of defending the principles of the Basic Law, including the integrity of judicial appointments.
The generality of these principles cannot be directly applied to the Limbach and Gerhards situation due to a lack of evidence. However, they serve as a potential backdrop for understanding a potential defense against allegations of inappropriate influence in the Higher Administrative Court appointment process.
