The designated Vice President of the Federal Fiscal Court (BFH), Anke Morsch, is not allowed to take up the post. The Bavarian Administrative Court ruled that the Federal Ministry of Justice acted “illegally” in the appointment of the lawyer and former SPD politician Anke Morsch. In the “comparison of performance” of the applicants, one should not assume either “a tie or a lead for the selected applicant”. Three unsuccessful applicants had sued against Morsch’s appeal – all of them already presiding judges at the BFH. Morsch has previously been President of the Saarland Finance Court, and from 2012 to 2017 she was Secretary of State for Justice in Saarbrücken.
Only two weeks ago, after a long dispute, the Administrative Court finally approved the appointment of Hans-Josef Thesling as the new BFH President. Like Morsch, he was accused of lacking the necessary supreme court experience. It was initially unclear how the new Federal Minister of Justice, Marco Buschmann (FDP), now wants to proceed when filling the deputy post, and the ministry has not given a statement for the time being.