The Limited Times

Now you can see non-English news...

AfD wins lawsuit against the district of Dachau

2021-08-13T08:18:19.398Z


The AfD has won a victory in court against the Dachau district: it receives a seat on the district council committees. An alliance district councilor is likely to suffer more.


The AfD has won a victory in court against the Dachau district: it receives a seat on the district council committees.

An alliance district councilor is likely to suffer more.

Dachau / Munich

- The AfD has won a victory before the Bavarian Administrative Court: Accordingly, the Dachau district council committees are not properly staffed.

The AfD wins one seat, the ÖDP / Linke / Alliance for Dachau committee loses one.

The district lawyer is horrified.

The Bavarian Administrative Court has granted an application by the AfD in interim legal protection proceedings.

According to this, one seat in the district committee and all other 14-member district bodies - i.e. in the school committee, the environment and transport committee and the culture committee - is to be reassigned for the time being.

This seat now goes to the AfD and thus at the expense of the committee made up of the ÖDP, the Left and the Alliance for Dachau.

According to new case law, this committee committee should not have formed.

Specifically: Instead of Peter Heller (Alliance for Dachau), AfD district councilor Michael Stauch will probably sit in the committees from autumn.

However, the final decision on the case is still pending, as the verdict in the so-called main proceedings has not yet been made. The district attorney, the Berlin constitutional lawyer Prof. Dr. Walter Georg Leisner, however, already has considerable reservations about the new legal interpretation of the Bavarian Administrative Court: “The court is interpreting a clear regulation of the legislature in a way that is no longer justifiable. (...) Here the court exceeds the limits of judicial legal training against the will of the legislature. That is dangerous, also for democracy! "

District administrator Stefan Löwl was also surprised by the decision of the Munich lawyers: “At the constituent meeting of the district council, all parties agreed to the allocation of seats without reservation. There were no dissenting votes or requests to speak against the cast. The procedure corresponds to the legal situation and widespread municipal practice. It therefore remains to be seen whether the new legal opinion adopted by the administrative court will ultimately endure in the main. "

In fact, in its constituent meetings in May 2020, the district council agreed with 42 of 70 votes, i.e. a 60 percent majority, on the composition of the committees according to the d'Hondt calculation method. It was then unanimously decided to fill the committees with 14 seats each and distributed accordingly among the parliamentary groups: The CSU received six seats, Alliance 90 / Greens three seats, SPD two seats, Free Voters two seats and those from ÖdP, Alliance for Dachau and Die Left committee community formed a seat.

The committee community is a so-called "ad hoc alliance" of several parties. It enables the small parties to add up their shares and thus get a joint seat on the committees. There are also committee communities in the Dachau city council: the two ÜB city councils have teamed up with the representative of the FDP and the two free voters with the citizen-for-Dachau representative. In principle, the Bavarian legislature provides this possibility for the protection of political minorities who would otherwise not be represented in any body other than the district council or city council.

In the case of the Dachau district assembly, however, the AfD lost its seat in the committees through the committee made up of the ÖDP, the Left and the Alliance for Dachau, against which it defended itself legally. Because all those involved believe that the main proceedings will take a long time, the AfD also applied for so-called interim legal protection and sued.

The Munich Administrative Court followed the AfD in its request for temporary legal protection and referred to a decision of the Bavarian Administrative Court from the summer of 2020: In contrast to its previous case law, the Bavarian Administrative Court had determined that the formation of "committee communities of smaller, otherwise groups not represented in the committees are only permitted as long as a larger group does not lose its only seat to which it is entitled ”. In the Dachau district assembly, the AfD has four seats, the ÖDP three, the Alliance for Dachau two and the Left has one seat.

As of today, the district council will have to reassemble its committees in September.

District councilor Peter Heller (Alliance for Dachau) does not want to give up his committee seat without resistance: “Now we will take a look at the decision in peace.

And in the end there would still be the possibility of legal remedies. ”The administrative court has not explained to what extent the decisions made in the past months are actually valid.

In the district office it is therefore assumed that the resolutions will stand.

The AfD is satisfied with the latest decision: "We are pleased that the court has followed our view and that we can now participate in the committees," emphasizes Michael Stauch.

However, he regrets "very much that it first had to be a judicial decision".

Source: merkur

All news articles on 2021-08-13

You may like

News/Politics 2024-01-30T07:28:56.474Z
News/Politics 2024-02-13T16:29:01.502Z

Trends 24h

News/Politics 2024-03-27T16:45:54.081Z

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.