Rheinland-Pfalz Der Schlag sitzt tief: das Bundesverwaltungsgericht in Leipzig gibt Hans-Josef Graefen recht. Der Landesjustizminister von Rheinland-Pfalz Heinz-Georg Bamberger hat unrechtmäßig Ralf Bartz zum Präsidenten des OLG Koblenz ernannt. Nun muss die Stelle neu ausgeschrieben werden.
Brisant und interessant an der Geschichte ist, dass Graefen zunächst zweimal an Verwaltungsgerichten hier in Koblenz scheiterte. Diese sahen kein Problem in der Vergabepraxis des Justizministers. Erst das Bundesverwaltungsgericht verhalf Graefen zum Sieg. Dieser zeigt sich zufrieden und äußert, that "employer and the court be stopped this way, after the filling of vacancies law and order to proceed;. and they run the risk that the breach thereof be punished and corrected to the one was in very recently not always aware" (Rhine newspaper, issue Koblenz on 5 November 2010). This quote Graefes makes itself heard with respect to one of the judgments of administrative courts in Koblenz. Is the implied criticism justified? Had to change it only at the federal level, so that is traded according to the law? Had the administrative courts do not recognize themselves must ensure that the legal guarantee Bamberger injured and wrongfully to Mr. Bartz Office has lifted?
Graefen The case casts shadow on the credibility of the independence of the Rhineland-Palatinate administrative courts. have been In the spirit of the red state government is likely also the ruling of the Administrative Court of Koblenz, confirmed by decision of the High Administrative Court of Koblenz last year on non-public in the central square of contracts in which decided the courts purely formal and have had dealt with the admissibility. These were of the opinion that by the former Dr.Gross / Henchel fraction is generally inadmissible the action brought by the end of the electoral period of the Council. The rationale for this was that a group had no rights of participation to the election process more time and could therefore no longer require the clarification of issues relating to the Council's work. The core of the problem, namely the question whether the central square contracts have influence on the medium-and long-term planning of the city of Koblenz was not checked. The walk to Leipzig was not even allowed. It can only hope that is conducted against the background of current events, the judicial review proceedings before the Higher Administrative Court of Koblenz on the development plan central square and adjacent areas according to law and order.
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