Discriminatory Practices: Unsuccessful Attempt to Challenge a Selection Process
Federal Administrative Court Rules on Equal Opportunity in Deputy Mayor Selection Process
In a landmark ruling, the Federal Administrative Court in Leipzig (Case No. BVerwG 2 C 12.24) has determined that the principle of selecting the best candidate for the position of deputy mayor is not absolute. The court's decision clarifies that city councils have discretion to consider political factors in their appointment decisions, as long as the formal requirements are met.
The case in question involved a plaintiff who applied for the position of First Deputy Mayor in a city in Baden-Württemberg. The defendant city, however, appointed another individual as First Deputy Mayor. The plaintiff subsequently filed an objection and later a lawsuit against the appointment.
Initially, an appeals court ruled in favor of the plaintiff, stating that the city had violated the plaintiff's right to equal opportunity in the selection process. However, this ruling was overturned by the Federal Administrative Court, which found that the city council's decision-making process was not unlawful.
The court's decision emphasises that while merit and qualifications are important, city councils, as political bodies, have the discretion to weigh political factors in their appointment decisions for deputy mayor positions. This means that the council is not strictly bound to appoint only the objectively best-qualified candidate but can consider the political context and composition of the council when making the selection.
The ruling further clarifies that the newly created position of deputy mayor did not indicate any bias on the part of the city council. The court found that the city council elected the co-defendant with 15 votes, the plaintiff received none, and another applicant received a total of seven votes.
The Federal Administrative Court's decision concerning this case can be reached at Ralf Schick 0711 66601 185 r.schick@our website. For more information about the case and related administrative law, interested parties are encouraged to contact the court.
This ruling serves as a significant precedent for future deputy mayor selection processes, highlighting the importance of political considerations within the decision-making process while upholding the principle of equal opportunity in administrative law.
- The Federal Administrative Court's decision underscores the importance of political considerations within the deputy mayor selection process, emphasizing that city councils can weigh political factors while still adhering to the principle of equal opportunity in business management.
- Moving forward, the ruling establishes a significant precedent in administrative law, as city councils can exercise discretion in deputy mayor appointments, considering political factors alongside financial and business management aspects.
