Unstrut-Hainich-Kreis: Constitutional complaint due to financial equalization!

Unstrut-Hainich-Kreis: Constitutional complaint due to financial equalization!

In Thuringia it is bubbling: The Unstrut-Hainich district is the focus of a legal dispute that revolves around the financial effects of community structure. According to the most recent judgment of the Thuringian Constitutional Court, the district is now planning to explore all legal options in order to reach the funds due. The court dismissed the district's complaint because it did not fully exploit the legal process in the event of lower instances. As the Volksstimme , the authorities now looked at the Thuringian State Administration Office to bring about an administrative act.

The argument is primarily about the amount of the financial equalization, which was determined according to the municipal divisions in 2023 and 2024. As part of these reorganizations, the Unstrut-Hainich district has not only released residents, but also several partially renovated school buildings to the neighboring district of Eichsfeld. The district office argues that the funded funds in the amount of around 7.6 million euros are not sufficient to cover the actual costs and inflation, and therefore filed an action against the statutory regulation. The court found that the district did not adequately deal with the existing case law, which ultimately led to the dismissal of the constitutional complaint, as well as the n-tv reported.

the legal way fainted?

The Thuringian Constitutional Court left no doubt that the Unstrut-Hainich circles did not fully exploit its legal process. The judges said that the district should have sued the administrative court before moving to the constitutional court. This knowledge could have bitter consequences for the administration, because now they have to deal more intensively with the possibilities that are available to them, according to the Thuringian community new laws from 2023 and 2024. According to these laws, the state administrative office will regulate the disputes at a cheap discretion if no contractual agreement is reached within one year. The decision of the court was not perceived as surprisingly; Already at a first hearing in May, the judges indicated how to stand on this matter.

The goal remains

Despite the setbacks, the district office remains optimistic. It plans to take legal action in order to check the "outdated" calculation method for compensation payments. You believe that the calculation should leave enough scope for a higher financial gain in order to cope with the growing challenges on site. The pressure, especially with regard to inflation, is enormous and justified that it is readjusted here. The discussion is opened by whether the funds made available by the state actually meet the current requirements of the municipalities concerned. Has this line of argument also illuminated and shows that the Unstrut-Hainich-Kreis is now required to present the concrete challenges more clearly.

How to proceed? It remains unclear whether the Unstrut-Hainich-Kreis quickly reaches an agreement with the state administrative office or will continue to fight legally. The next steps are eagerly awaited because there is still a lot of work. The legal dispute symbolizes the challenges that many municipalities could stand in the next few years.

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