The saga surrounding the choice of OVG Münster's president continues to unravel
A couple of weeks after Limbach secured the position in late June 2022, he shared an evening meal with a high-ranking interior ministry official. This individual expressed interest in applying for the role at OVG. Two other hopefuls also entered the fray. Evaluations were requested for all three contenders. Limbach penned a detailed assessment for the newcomer, deeming her an excellent fit, with a rating of "highly suitable." He subsequently advocated for her candidature. The North Rhine-Westphalian Administrative Court's Presidential Council concurred with Limbach's assessment.
One of the other hopefuls, a federal judge, levied accusations that the process favored the female candidate. He alleged that Düsseldorf coalition groups desired a female appointee for the post. Prior to evaluating the second contender, the Minister reportedly voiced his preference for the female applicant and urged the other candidate to reconsider. This act was perceived as unfair.
In response, the Münster Administrative Court imposed a temporary ban, entreating the Ministry to refrain from appointing the female candidate. However, the OVG subsequently overturned this decision. The OVG dismissed the manipulation allegations, asserting they were baseless. The complainant then escalated matters to the Federal Constitutional Court.
The Federal Constitutional Court recently concluded that the complainant's right to a fair legal process had been violated. The OVG had failed to supply a substantial argumentative basis. It merely suggested that the alleged "advantage" comment regarding the female candidate could have originated from a legitimate anticipation. Therefore, the case required revisiting.
However, the complaint did not yield success when it targeted alleged flaws in the selection process and the justification between the candidates. The Karlsruhe court affirmed that a constitutional infraction had not been convincingly demonstrated in this area. This segment would not be subject to review. Apart from the OVG, the state parliament is also investigating the matter – it established a fact-finding committee.
The OVG maintained its stance in favor of the female candidate amidst the controversy. Later on, the state parliament inaugurated a fact-finding committee to delve deeper into the matter.
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The investigation concerning the controversial appointment of the president of the Oberverwaltungsgericht (OVG) Münster is peppered with allegations pertaining to manipulation during the selection process. Here are some key points:
- Investigation by the Generalbundesanwalt (GBA): On November 5, 2024, the GBA brought eight young men to custody, including Kurt H., the treasurer of the Saxon AfD youth organization and an AfD faction leader in Grimma, and Kevin R., who collaborated with Alexander Wiesner, a Saxon AfD Landtag member and former deputy member of the 2nd Parliamentary Inquiry Committee. This investigation surfaced significant defects in the protection of fundamental rights[1].
- Allegations of Manipulation: The investigation and subsequent court decisions suggest the potential for manipulation in the selection process for the OVG Münster president. However, the sources fail to offer explicit details about these allegations and their resolution.
- Court Decisions: The sources do not allude to any recent court decisions specifically linked to the appointment of the OVG Münster president. They do discuss a range of political and legal issues in Germany, such as the activities of the AfD and the role of the Verfassungsschutz (Federal Office for the Protection of the Constitution)[1].
In essence, while there is ongoing scrutiny surrounding allegations of manipulation in the selection process for the OVG Münster president, the pertinent court decisions or outcomes are not thoroughly detailed in these sources.
