Prosecutors reject investigations against Graichen
“He could fire him – he doesn’t have to”
“As a political official, he could be placed on temporary retirement at any time without reason,” explains lawyer Prof. Gregor Thüsing on the employment law background to the Graichen affair. Without disciplinary proceedings, a dismissal by Habeck is not mandatory.
The public prosecutor’s office in Berlin does not want to investigate State Secretary Patrick Graichen in the best man affair. Several lawsuits were filed. After an examination procedure, the authority sees no initial suspicion of criminal acts.
Dhe best man affair is unlikely to have any criminal consequences for Patrick Graichen, State Secretary of Economics Minister Robert Habeck (Greens). The Berlin public prosecutor’s office has received several complaints against Graichen, but refuses to initiate an investigation.
“Various criminal charges have been filed against State Secretary Patrick Graichen,” said a spokesman for the Attorney General’s Office WELT AM SONNTAG. “However, neither the ads nor the press reports gave rise to an initial suspicion of a criminal offence. The proceedings have therefore been discontinued without the commencement of investigations.”
Graichen has been under massive criticism for weeks because he belonged to a selection committee for the new head of the German Energy Agency (Dena), which suggested Graichen’s best man Michael Schäfer as the only candidate for the post, which is endowed with a six-figure salary.
“Not paying attention”
Graichen himself later described it as a “mistake” that he had not withdrawn from the Commission, claiming that he “didn’t really pay attention”. Habeck had once again stood behind his state secretary this week and emphasized that he had decided that he would not fire Graichen because of this mistake. However, the Ministry of Economic Affairs is examining whether official proceedings will be initiated against the State Secretary.
A violation of the Administrative Procedures Act can certainly be seen in Graichen’s case. Paragraph 21 states: “If there is a reason that is suitable to justify distrust of an impartial exercise of office, or if a person involved asserts the existence of such a reason, then whoever is to work for an authority in an administrative procedure has the right to do so , to inform the head of the authority or the person commissioned by this person and to refrain from cooperation if ordered to do so.”
However, Graichen only informed his superior, Robert Habeck, that he was his best man three weeks after he had decided in favor of Schäfer as head of Dena. However, such a violation is not punishable.
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