Jes Möller

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Jes Möller (born September 28, 1961 in Greifswald , full name Jes Albert Möller ) is a German lawyer . From 2012 to 2019 he was President of the Constitutional Court of the State of Brandenburg .

Möller was initially involved as a dissident in church circles in the GDR , and helped to build the SPD in what would later become the state of Brandenburg during the peaceful revolution . For the Social Democrats he was a member of the last people 's chamber in the GDR.

Life

Jes Möller first attended a polytechnic high school in Barth from 1968 , later in Rathenow , which he left in 1978 with the completion of the 10th grade. He passed his Abitur in 1981 through vocational training with a high school diploma , during which he also learned the profession of gardener in Werder / Havel . Since the Ministry for State Security subsequently denied him a degree in biology at the Martin Luther University in Halle-Wittenberg , Möller worked in various tree nurseries and gardeners until 1986.

In 1981 he was one of the co-founders of the church environmental group at the Erlöserkirche Potsdam , in which he worked, among other things, as the editor of a GDR-wide information newspaper for church environmental groups. As a result, he came into the sights of the Ministry for State Security (MfS), which monitored him and captured him in the " operational process " crystal . At the end of 1983, this led to a brief arrest by the MfS district administration in Potsdam, when Möller and others presented two Christmas trees in Potsdam churches on behalf of the church in December 1983, which were badly marked by the dying forest . He was released shortly before Christmas 1983, but after a penalty order was issued. In 1986 Möller began studying Protestant theology at the Theological Konvikt Berlin , a church university, which he continued until 1989. During this time he married and had two children.

In the course of the political change in the GDR he got involved in building the re-founded Social Democratic Party in the GDR (initially SDP) in Potsdam , the contact office of the opposition groups in the parsonage of the Babelsberg Friedrichskirchengemeinde. As a result, Möller was a member of the SPD representative on the citizens' committee for the dissolution of the Ministry of State Security in the Potsdam district until March 1990 and worked as an employee of the newly established SPD district office in Potsdam. For the Volkskammer elections on March 18, 1990 , he was placed on the list by the SPD in the constituency of Potsdam (12) on the list. Since the SPD was able to win ten seats in this electoral district, Möller moved into the last GDR parliament as an SPD member.

In 1991 he enrolled on a scholarship at the Free University of Berlin to study law, which he passed in 1995 with the first state examination in law. He then completed his legal clerkship in the area of ​​the higher court district . After the second state examination in law, which he passed in 1997, Möller was hired in 1998 as an assessor at the Potsdam Administrative Court. In 2001 he moved to a permanent position at the Frankfurt (Oder) Administrative Court , which was connected with the simultaneous appointment as a judge for life . In December 2001 Möller received a secondment as a research assistant to the constitutional court of Brandenburg , which he held until June 2004. During this time in 2002 he returned to a post at the Potsdam Administrative Court. After his secondment, he worked in Potsdam until the end of 2005, when at the beginning of the year he was appointed presiding judge at the Frankfurt (Oder) administrative court. On January 22nd, 2009 Möller was elected judge at the constitutional court of Brandenburg. With effect from October 31, 2010, he ended his judicial activity in Frankfurt (Oder) and moved to Neuruppin , where he was appointed director, later president, of the local social court in November 2010 .

In August 2012 the Landtag of Brandenburg elected Möller as President of the Constitutional Court of Brandenburg. Among other things, he was involved in the decision in the matter of "old connections" of September 21, 2012. This dealt with so-called “old connections”, from whom an initial production contribution for the connection of their property to the drinking and sewage network had been requested retrospectively. In this specific case, the 2005 contribution decision was issued. There has been a contribution statute since 1993. The sewage connection was from GDR times. The constitutional judges of the state of Brandenburg decided unanimously that this was constitutional. The Federal Constitutional Court , on the other hand, declared around 30 constitutional complaints against this jurisprudence and similar in its decisions of November 12, 2015 and December 22, 2015 . a. for obvious reasons. Thousands of owners in the state of Brandenburg were affected.

As President of the Brandenburg Constitutional Court, Jes Möller commented at the 2016 annual press conference on the decision of the Federal Constitutional Court: “I would write the decision exactly again.” He said: “There is no principle that Karlsruhe is always right. The Federal Constitutional Court Act does not say: The Federal Constitutional Court must never be questioned and always has the last word. ”This provoked outrage among those affected. At the end of January 2019, Möller handed over his office to his successor.

Möller has been the presiding judge at the State Social Court of Berlin-Brandenburg since 2019 .

In May 2020, the SPD Brandenburg proposed to the Federal SPD that Jes Möller be nominated for election to the Federal Constitutional Court judge for the First Senate. In the election on May 15, 2020, the SPD could not yet agree on a candidate in the Federal Council . On July 1, the SPD finally nominated Ines Härtel .

Web links

Individual evidence

  1. Jes Albert Möller. In: jugendopposition.de. Robert Havemann Society , Federal Agency for Civic Education , accessed on June 3, 2020 .
  2. ^ Constitutional Court of the State of Brandenburg: Decision of September 21, 2012 (VerfGBbg 46/11). In: Verassungsgericht.brandenburg.de. Retrieved May 16, 2020 .
  3. BVerfG, decision of the 2nd Chamber of the First Senate of November 12, 2015 - 1 BvR 2961/14. In: bundesverfassungsgericht.de. Retrieved June 3, 2020 .
  4. 1st Senate, 2nd Chamber of the Federal Constitutional Court: BVerfG, decision of the 2nd Chamber of the First Senate of December 22, 2015 - 1 BvR 1690/15 -, Rn. 1-7. In: bundesverfassungsgericht.de. December 22, 2015, accessed May 16, 2020 .
  5. Volkmar Krause: BVG overturns the obligation to pay contributions - Karlsruhe gives hope to existing affiliates. In: Märkische Allgemeine Zeitung . December 17, 2015, accessed May 16, 2020 .
  6. Thorsten Metzner: Balance sheet of the state constitutional court Brandenburg: In bad condition. In: Potsdam's latest news . January 28, 2016, accessed May 16, 2020 . Benl: Politics: A defeat that doesn't bother. In: nnn.de . January 28, 2016, accessed May 16, 2020 .
  7. ^ Helmut Grosser: Strange legal development in Brandenburg? In: Interest group for water and wastewater e. V. February 3, 2016, accessed May 16, 2020 .
  8. Press release: Change of office at the Constitutional Court. Constitutional Court of the State of Brandenburg, January 30, 2019, accessed June 4, 2020 .
  9. Helene Bubrowski, Reinhard Müller: Dispute in the SPD: A judge for Karlsruhe is missing. In: FAZ.net . May 15, 2020, accessed May 16, 2020 .