AfD
Kompakt, September 3, 2020.
The
Administrative Court in Schwerin is ordering the Justice Ministry to re-appoint
the presidents of the Higher Regional Courts [Oberlandesgerichts]. It thereby thwarts Minister-president Schwesig’s
plans to appoint the highest magistrates in Mecklenburg-Vorpommern according to
party membership or gender, making clear that the only permissible criteria for
appointment are qualification and performance. So as to frustrate the applicant
Kai-Uwe Theede, an earlier, professional decision had been set aside in
scandalous and obscure ways by the Justice Ministry.
It is
good that the Administrative Court defends the independence of the judiciary
against the Minister-president. In a purely professional decision, Kai-Uwe
Theede from the outset would have been named court president. With her illegal
assault on the authority of the judiciary, the Minister-president inflicted
heavy damage on the respect for justice, and this on the backs of the blameless
judges Kai-Uwe Theede and Monika Köster-Flachsmeyer. The state of law here
indicates the limits to the quasi-dictatorial tendencies of the
Minister-president. In any case, here the state of law is working and still
guarantees the separation of powers.
[trans:
tem]