Discriminatory practices halted in competition proceedings, yet outcome remains unfavorable
In a recent ruling, the Federal Administrative Court in Leipzig, Germany, upheld the appointment of a First Deputy Mayor, overturning a previous ruling by an appeals court. The case, known as BVerwG 2 C 12.24, was centred around the fairness of the selection process for the deputy mayor position in a city in Baden-Württemberg.
The constitutional principle of selecting the best candidate was applied to the job applicants, ensuring a fair and transparent process. However, the plaintiff, who applied for the deputy mayor position, did not receive any votes in the election. In contrast, the defendant city appointed the co-defendant as First Deputy Mayor, who received 15 votes, and another candidate received a total of seven votes.
The review of the selection process was aimed at ensuring equal opportunities for all applicants. The city council's decision-making process, based on municipal political considerations, was not considered objectionable as long as the formal requirements were met. Consequently, the court found that the defendant city did not violate the plaintiff's right to a fair selection process.
It is important to note that job applicants have the right to have the selection process for public positions, such as deputy mayor, reviewed by a court. This is to ensure that all appointments are conducted in accordance with the law and that the selection process is transparent, unbiased, and based on legally relevant criteria.
If you are seeking more detailed information about this specific case, it would be beneficial to check directly with the court's official records or legal databases for the most accurate and up-to-date information. Alternatively, consulting with a legal professional or checking official legal resources in Germany could provide more precise information regarding the ruling in question.
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