Withdrawal of an applicant: Chaos at the OVG NRW is coming to a head!

Withdrawal of an applicant: Chaos at the OVG NRW is coming to a head!

The personnel at the top of the Higher Administrative Court (OVG) of North Rhine-Westphalia continues to cause a stir. Today, July 2, 2025, it was announced that the candidate for president has withdrawn her candidacy. This decision was communicated to the NRW Justice Minister Benjamin Limbach (Alliance 90/Greens) on Tuesday afternoon, as the LTO reported.

The OVG has not had a president since June 2021, which makes the situation for the judiciary in the country unnecessarily complicated. Two previous attempts to fill the position had already failed. More and more voices are calling for a completely new start in the selection process, and the SPD in the opposition is also expressing concerns about the legality of the previous procedures. Nadja Lüders from the SPD describes the current situation as a “disaster for the state government”.

Withdrawal leaves open questions

With the applicant's withdrawal from her previous role as head of department in the Federal Ministry of Education and Family Affairs in Berlin, the situation becomes more complicated. Officially, two candidates remain in the selection process, but the approaching retirement of one of the remaining candidates on August 31, 2025 raises questions about his suitability. Legal voices are raising concerns that the candidate may only be in office for a few weeks, which does not have a positive impact on the stability of the leadership. An experienced lawyer explains that there is no bar on promotion for judges, but the short term of office makes the candidate's suitability questionable.

The North Rhine-Westphalia Ministry of the Interior recently withdrew its assessment of the candidate who was supposed to receive the post. Daniela Lesmeister, State Secretary in the North Rhine-Westphalia Ministry of the Interior, revoked the controversial assessment, apparently due to a possible formal error, and initiated a comprehensive review of the assessment guidelines. This withdrawal could be seen as an admission of illegality and could remove the basis for Justice Minister Limbach's next selection decision. Protest comes not only from the opposition, but also from unsuccessful applicants who have taken legal action, including a complaint to the Federal Constitutional Court.

The pressure on the Minister of Justice

Benjamin Limbach is therefore under pressure. The entire appointment process is being closely examined as part of a Parliamentary Committee of Inquiry (PUA). The responsible Senate of the OVG found the assessment to be possibly illegal and set a deadline for the ministry to clarify how to proceed. The Presidential Council of the Administrative Courts must also be involved in the appointment process and has one month to comment, but could decide more quickly.

It remains to be seen how the situation will develop further. There is already speculation as to whether the remaining candidate might also withdraw his application to potentially avoid claims for damages. As public attention grows, it may not be long before the next twist in this turbulent story is revealed. The uncertainty surrounding the appointment of the OVG president clearly shows how important it is to clarify the legal framework in this matter.