Note to editors: This is a home reporter contribution. It reflects the opinion of the author.
The President of the OVG Lüneburg doesn’t like it when one reports in public about grossly illegal behavior of the OVG Lüneburg. One ensures that there is obviously pressure being exerted on the media to remove articles from the Internet.
It reminds of the deficits of the rule of law in countries like Russia, Poland, Hungary and China, which our media rightly criticized again and again, the situation in the GDR and the behavior of judges in Germany’s darkest times, which was believed to have been overcome, when the judges of the 13th Senate of the OVG Lüneburg in an urgent application procedure according to 123 VwGO for classroom teaching at nieders. Schools take a non-contestable decision on March 24th, 2021 before the applicant has even received knowledge of the decision of referral to the OVG Lüneburg by the VG Oldenburg in the evening of March 23rd, 2021 on March 24th, 2021 and was able to hire a lawyer.
This rarely illegal behavior of the 13th Senate can only be topped by the arrogant behavior of the presiding judge of the 13th Senate towards the applicant’s legal guardian. Conversations with the simple citizen – who are we?
The President of the OVG Lüneburg fits in seamlessly with this behavior, who delays a technical and supervisory complaint related to an urgent procedure over a fortnight so that young people, teachers and pupils are considerably endangered by face-to-face teaching at schools.
Questions are not answered. You can be denied by your secretary. There is no need to explain yourself to the simple citizen, who is concerned not least because of the warnings for schools that have been issued by virologists.
This has no consequences either, because judges have godlike status and can hardly ever be called to account.
Dr. Egon Schneider “Judge at the OLG and lawyer” in ZAP No. 1 of 9.1.1992:
Even if he (the judge) commits gross and gross errors, he is not responsible for the consequences. This is ensured by Section 839 (2) sentence 1 of the German Civil Code (BGB) and the protective, broad interpretation of this provision by the judicature.
It is well known among lawyers that administrative courts make state-friendly decisions, but it cannot be accepted that state servants define themselves as god-like and think that they can trample on good German law – here, quite obviously, to get rid of the matter in an easy way.
Kenneth Starr, 61, Rector of the Law Faculty of the Christian University of Pepperdine in Malibu, USA, defines the office of judge as follows: “Judges must never be arrogant. Judges have power. Power is the ability to serve responsibly. It must be used with the greatest care and caution. Power includes humility and self-doubt. Those who are powerful must not take themselves too seriously and must be free of prejudice.
The judges of the 13th Senate still have a long way to go.
–
