Constitutional Court rejects a complaint by the Unstrut-Hainich district!
Constitutional Court rejects a complaint by the Unstrut-Hainich district!
Unstrut-Hainich-Kreis, Deutschland - The Thuringian Constitutional Court today rejected the constitutional complaint of the Unstrut-Hainich district on June 25, 2025. The district had sued in a legal dispute against parts of the New structure law, which contains the switch of five locations to the Eichsfeldkreis. The Unstrut-Hainich-Kreis argued that this had been violated its right to municipal self-government. Despite a financial compensation that the circle of the country received, it was criticized as inadequate.
In his decision, the court made it clear that the Unstrut-Hainich district first had to call the regular administrative courts. According to the judge, a constitutional complaint is only permitted as a last remedy. This led to the determination that the court did not examine whether the reorganization law actually violates the constitution. The unresolved question of inadequate financial resources by the state of Thuringia also remained unanswered, since general evidence of missing means was not sufficient for the court. Detailed and specific explanations were necessary to support the financial concerns of what the circle could not afford, as [MDR reports] (https://www.mdr.de/nachrichten/thueringen/unstrut-hainich/verfassungsger-verbicht-verfasungskdemkrede-neuliederung-kreis-kreis-kreis-kreis-kreis-kreis-kreis.background of the lawsuit
The lawsuit of the Unstrut-Hainich district is not the first of its kind in Germany. Similar procedures have also ended up in other federal states such as Saxony-Anhalt before the constitutional courts. On October 20, 2015, the State Constitutional Court decided there on the municipal constitutional complaint and found that the interpretation of the state constitution did not meet the requirements of the Basic Law in this regard. As a result, the complainants could not expect their claim to municipal self -administration to be extensively protected, as Federal Constitutional Court reports.
These legal disputes illustrate how important the protection of municipal self-government is and that in some cases there can be tensions between state and federal law. While the constitutional courts make it clear that not every complaint can be clarified directly at the constitutional level, the uncertainty of the financial support of the affected circles remains at the same time
outlook
The decision of the Thuringian Constitutional Court will certainly have an impact on future handling of similar cases. The Unstrut-Hainich district adheres to its demands and will continue to observe the situation carefully. It remains to be seen whether and in what form a new lawsuit is being sought. However, it is clear that the discussions about municipal self -government and the financial resources of the circles in Thuringia and beyond the political arena remain very popular.
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| Ort | Unstrut-Hainich-Kreis, Deutschland |
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