Administrative court of Gelsenkirchen

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The Gelsenkirchen Administrative Court building (former main post office)

The Administrative Court of Gelsenkirchen , a court of administrative jurisdiction , is one of seven administrative courts in the state of North Rhine-Westphalia .

Seat and District of the Court

The court has its seat in Gelsenkirchen . The judicial district includes the area of ​​the independent cities Bochum , Bottrop , Dortmund , Essen , Gelsenkirchen, Herne and the districts of Recklinghausen and Unna .

Courthouse

The facade decoration at the main entrance includes two "telephoning" putti to the right and left of the inscription "Postamt".

The court has resided since 1986 in the listed building at Bahnhofsvorplatz 3 in Gelsenkirchen's old town, directly opposite Gelsenkirchen Central Station . The building, designed in the style of historicism , was built between 1907 and 1910 as the main post office based on a design by the administrative architect Karl Buddeberg (1856–1934), who specializes in postal buildings, and was extensively restored, renovated and prepared for use as a courthouse in the 1980s. The former counter hall of the main post office now houses the court library.

Judge

At the beginning of the year the court had 19 chambers and employed a total of 66 judges. In 2016, seven new trial reporters were hired. In addition, at the beginning of 2017, three judges delegated from civil justice started their work. Further new hires are planned in the course of 2017. The number of disputes relating to asylum law , which has risen sharply since 2014 and accounted for around 60% of the proceedings in 2016, has led to the need for personnel.

In December 2018, there were 20 chambers and two specialist chambers for staff representation law with 60 judges. Of these, 8,000 procedures are dealt with every year.

Bernhard Fessler is the long-standing president of the court. Karsten Herfort has been the vice-president since January 2016, until then the court's press officer, who has been working at the Gelsenkirchen Administrative Court since 1994 with a short interruption and has been the presiding judge of a chamber since 2007; his predecessor was Ute Blum-Idehen, who was appointed presiding judge at the Higher Administrative Court in Münster .

Special responsibilities and known procedures

Admission rules for medical students

The Administrative Court of Gelsenkirchen is the only court nationwide responsible for all proceedings against the Dortmund- based Foundation for University Admissions (the former central office for the allocation of study places , ZVS). In several proceedings it had to deal with the admission to medical studies in Germany. The judges considered parts of the admission rules to be unconstitutional because many applicants were excluded from the outset. In October 2017, on the initiative of the Administrative Court of Gelsenkirchen, there was a norm review procedure before the Federal Constitutional Court (BVG) on the question of whether the previous selection procedure based on a numerus clausus , which leads to very long waiting times for many student applicants, withstands a constitutional check. In its judgment of December 19, 2017, the First Senate at the BVG recognized in the current system, like the Gelsenkirchen judges, a violation of the principle of equality and required a nationwide standardized system of aptitude tests at universities. By December 31, 2019, the legislature should create a new legal regulation.

Collection by Sami A.

In July 2018, the Gelsenkirchen Administrative Court hit the headlines because of its decision to bring Sami A. back . Sami A. is a jihadist threat and former bodyguard of Osama bin Laden who has been living in Bochum since 1997 . According to the administrative court, he was "grossly illegally" deported to his home country Tunisia on July 13, 2018 , without waiting for the court's decision and without obtaining a binding assurance from the Tunisian government that A. was not threatened with torture in the country . Sami A. had to be issued a visa to return to Germany by the Tunisian authorities after his release , the court ordered by means of an emergency decision. The North Rhine-Westphalian Refugee Ministry under Joachim Stamp ( FDP ) has lodged a complaint against the decision together with the Bochum foreigners authority before the Higher Administrative Court. Stamp stated on July 16, 2018 that the administrative court's decision had only been issued when Sami A. was "already closer to his home country than to the Federal Republic". On July 27, 2018, an examining magistrate in Tunis ordered A's release from custody. The investigators found no evidence of his involvement in terrorist activities. The investigation continues and A's passport has been withheld. The CDU MP Armin Schuster said: "If the Tunisian authorities release him, the assumption will collapse that he will be threatened with torture there, as was to be expected".

Diesel driving ban

As in the Sami A case, the 8th Chamber of the VG Gelsenkirchen was responsible for a judgment that received much attention throughout Germany, this time in the area of ​​air pollution control. The court ordered a diesel driving ban for large parts of the city of Essen including the part of the A 40 leading through this area as well as for a road in Gelsenkirchen .

Superior courts

The higher-level court is the higher administrative court for the state of North Rhine-Westphalia . This is followed by the Federal Administrative Court in Leipzig in the course of instances .

See also

Web links

Commons : Alte Hauptpost (Gelsenkirchen)  - Collection of pictures, videos and audio files

Individual evidence

  1. ↑ Annual press release. Administrative Court Gelsenkirchen, January 16, 2016, archived from the original on September 17, 2016 ; accessed on December 3, 2018 .
  2. ↑ Gelsenkirchen Administrative Court well positioned to deal with asylum procedures. Administrative Court Gelsenkirchen, January 16, 2017, archived from the original on April 27, 2017 ; accessed on December 3, 2018 .
  3. ↑ court presentation . Administrative Court Gelsenkirchen: accessed on December 3, 2018 .
  4. ^ VG Gelsenkirchen - judgment of September 8, 2004 - Az. 1 K 657/03. Retrieved from openjur.de on August 21, 2016.
  5. ^ Klaus Johann: A man from the Ruhr area becomes Vice President. In: WAZ of January 14, 2016, accessed on August 21, 2016.
  6. ↑ Medical studies: Administrative court considers long waiting times to be questionable. In: Ruhr-Nachrichten of April 26, 2012, accessed on October 6, 2017.
  7. ↑ Federal Constitutional Court examines admission to medical studies. Berliner Morgenpost , October 4, 2017, archived from the original on October 7, 2017 . ;.
  8. ↑ Hendrik Wieduwilt, Hanna Decker: Numerus clausus for medicine is partly unconstitutional. In: Frankfurter Allgemeine Zeitung , December 19, 2017, accessed on the same day.
  9. ↑ WDR July 15, 2018: Chronology: The Sami A.
  10. ^ Spiegel-Online August 6, 2012: "Dangerous Preacher". Bin Laden's ex-bodyguard lives undisturbed in Bochum
  11. ^ Spiegel-Online September 6, 2012: State support. 20,000 euros for the ex-bodyguard of Bin Laden
  12. ^ Spiegel-Online April 24, 2018: Salafist Sami A.. Bin Laden's ex-bodyguard has been receiving state benefits since 2008
  13. ^ Sascha Lübbe: When politics and the rule of law collide. In: time online. July 17, 2018, accessed July 22, 2018 .
  14. ↑ Administrative Court Gelsenkirchen July 13, 2018: Timeline of the legal proceedings for the deportation of a Tunisian classified as dangerous
  15. ↑ Administrative Court Gelsenkirchen - decision of July 13, 2018 - Az .: 8 L 1315/18
  16. ^ Higher Administrative Court for the State of North Rhine-Westphalia July 18, 2018: Press release: Complaint in the case of Sami A. who was deported to Tunisia received
  17. ↑ LTO July 18, 2018: City of Bochum files a complaint against the decision of the VG Gelsenkirchen. NRW wants to prevent Sami A. from returning
  18. ↑ Die Zeit July 18, 2018: Sami A's deportation: City of Bochum files a complaint against the repatriation of dangerous persons
  19. ↑ Tunisian judiciary insists on jurisdiction over Sami A. In: Die Welt , July 14, 2018, accessed on the same day.
  20. ↑ What went wrong in the Sami A. case? In: Süddeutsche Zeitung , July 14, 2018, accessed on the same day.
  21. ^ Statement by Refugee Minister Joachim Stamp on the return of Sami A. | Opportunities in NRW. Retrieved July 25, 2018 .
  22. ↑ zeit.de , see also zeit.de / Martin Gehlen : Threateners are now endangering Tunisia
  23. ↑ Die Welt, deported Sami A. released from Tunisian custody , July 27, 2018
  24. ↑ Essen: Zonal driving ban including the A 40 in large parts of the Essen city area from July 2019. Administrative Court Gelsenkirchen, November 15, 2018, accessed on December 3, 2018 .
  25. ↑ Gelsenkirchen: Driving ban on Kurt-Schumacher-Straße from July 2019. Administrative Court Gelsenkirchen, November 15, 2018, accessed on December 3, 2018 .

Coordinates: 51 ° 30 ′ 21.6 ″  N , 7 ° 6 ′ 9.8 ″  E