DThe opposition in the state parliament considers the fact that the President of the Hessian State Criminal Police Office is classified as a political civil servant to be unconstitutional. According to the AfD parliamentary group, there are now also opposition to the relevant law passed by the black-green majority last year SPD and FDP submitted a norm control application to the Hessian State Court.
From the point of view of the opposition, it is politically explosive because the state government is the former LKA President Sabine Thurau dismissed, but she successfully resisted and was able to carry out her function until her retirement last year.
According to the new law, which only applies to the next incumbent, the interior minister can dismiss the LKA president at any time without giving reasons. His appointment is not preceded by an advertisement or by the health test required for life officials. Interior Minister Peter Beuth (CDU) has created a new opportunity to “govern through” in the authority, criticized the chairman of the SPD parliamentary group, Günter Rudolph, and the spokesman for domestic policy FDPStefan Müller, on Wednesday.
Who can become a political officer
Beuth argues that in the case of the LKA President, it is particularly important that he fully agrees with the basic political goals of the state government. In order to guarantee internal security, it must therefore be possible, if necessary, to replace it without wasting time.
This status of political official overrides the lifetime principle guaranteed in the constitution, emphasizes the Berlin legal scholar Ulrich Battis in the brief he prepared for the State Court of Justice on behalf of the SPD and FDP. This exception lets that Federal Constitutional Court in its most recent jurisprudence only within ever narrower limits. Political officials can only be those who belong to the minister's "closest circle of immediate advisers".
The law contradicts this demand because the job description nowhere mentions advising the minister, only cooperation with him and other authorities. "Such cooperation is police routine," writes Battis.
He also makes the arguments that Rudolph and Müller had already presented during the parliamentary deliberation of the law. The state police chief is a direct advisor from the closest circle and a necessary bridgehead in matters of public security and order. The LKA president is subordinate to him as head of a typical specialized authority.
"Faeser applies the applicable law"
The emeritus law professor also adopts the opinion expressed by the FDP some time ago about the status of the seven regional police chiefs. The fact that they have long been political officials in Hesse also contradicts current case law. Battis therefore suggests that the state court should also examine this special provision. In addition to the controversial Hessian cases, the lawyer is fundamentally critical of the status of political officials. According to his own statements, he only considers it fully justified in the case of permanent state secretaries.
The Civil Servants Act also grants department heads in federal ministries the status of political civil servants. However, the Federal Constitutional Court does not consider the prerequisites for this to be given. From the point of view of the Karlsruhe judges, a department head cannot be “understood as a necessary bridgehead between the politically responsible head of the administration and the other staff”.
Nevertheless, according to media reports, since taking office, Federal Interior Minister Nancy Faeser has dismissed a large number of department heads at short notice and without explanation. When asked how he judged this practice, Battis replied. "It applies the applicable law." Faeser is chairwoman of the Hessian SPD.