District office Friedrichshain-Kreuzberg complains against Senate Department Berlin

District office Friedrichshain-Kreuzberg complains against Senate Department Berlin

The district office Friedrichshain-Kreuzberg has filed a lawsuit against the State of Berlin at the Berlin Administrative Court, since it considers the exercise of the right to intervene in accordance with Section 13a AZG by the Senate Department for Mobility, Transport, Climate Protection and the Environment. The lawsuit aims to terminate and reverse all measures of the Senate regarding the revelation of the Görlitz park in Kreuzberg. The Senate Administration has commissioned Grün Berlin GmbH to build a overturn in Görlitzer Park, which the district office considers as an interference with its responsibility for public green areas. There are differences of opinion on the prerequisites for the exercise of the right of intervention, since the district office believes there are formal legal errors. It is an unclear legal situation, since no complaints have so far been made to exercise the right of procedure according to § 13a AZG.

The constellation between the district office as a plaintiff and the Senate Administration as a defendant is considered comparable to municipal constitutional disputes in area countries. A historical view supports the possibility of a judicial review of the exercise of the right of intervention. Without judicial clarification, the district office has no legally safe way to enforce its responsibility. The Senate Department has not responded to the extrajudicial concerns of the district office.

This argument about the responsibilities between the district office Friedrichshain-Kreuzberg and the Senate Department for Mobility, Transport, Climate Protection and the Environment takes an interesting look at the legal relationships between the various administrative levels of Berlin. It is unusual for a district office to submit a lawsuit against the State of Berlin and shows the complexity of the local administration in the capital.

The following table summarizes the most important information on the lawsuit of the district office against the state of Berlin:

| Plaintiff | Defendant | Intervention law basis | Dispute point | Goal of the lawsuit |
| ——— | ————————————- | ---—---————— | District office Friedrichshain-Kreuzberg | State of Berlin (Senate Department) | § 13a AZG | Creation of the Görlitzer Park | Termination and reversal of the measures |

This legal discussion could possibly result in further clarifications to exercise the right of intervention in accordance with Section 13a AZG in Berlin and has the potential to examine the administrative structures and responsibilities within the city.

Source: www.berlin.de