Economy after criminal charges
Prosecutors reject investigations against Graichen
From: 5:14 pm | Reading time: 2 minutes
“He could fire you – he doesn’t have to”
“As a political official, he can be placed on temporary retirement at any time without reason,” explains lawyer Prof. Gregor Thüsing on the labor law background in the Graichen case. With no disciplinary process, dismissal by Habeck is not mandatory.
The public prosecutor in Berlin does not want to investigate Secretary of State Patrick Graichen in the godfather case. Several lawsuits were moved. After an examination procedure, the authority does not see any initial suspicion of criminal acts.
The godfather’s case is unlikely to have criminal consequences for Patrick Graichen, Secretary of State for the Economy, Minister Robert Habeck (Greens). The Berlin Public Prosecutor’s Office has received several allegations against Graichen but refuses to launch an investigation.
“Several criminal charges have been filed against Secretary of State Patrick Graichen,” said a spokesman for the Office of the Attorney General WELT AM SONNTAG. “However, neither the advertisements nor the press reports gave rise to an initial suspicion of foul play. The process was therefore stopped without the initiation of investigations.”
Graichen has come under heavy criticism for weeks for belonging to a selection committee for the new head of the German Energy Agency (Dena), which suggested Graichen’s godfather Michael Schäfer as the only candidate for the six-figure job. wage.
“Not Paying Attention”
Graichen himself later described it as a “mistake” not to withdraw from the Commission, claiming he “didn’t really pay attention”. Habeck once again supported his Secretary of State this week and stressed that he had decided he would not fire Graichen over this mistake. However, the Ministry of Economic Affairs is examining whether official proceedings will be brought against the Secretary of State.
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A violation of the Administrative Procedures Act can certainly be seen in Graichen’s case. No. 21 provides: “If there is a suitable reason to justify distrust in the impartial exercise of the office, or if any interested party alleges the existence of such reason, anyone who must render service to an authority in an administrative proceeding has the right to do so. , to inform the head of authority or the person designated by him and to refrain from cooperating if so ordered”.
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However, Graichen only informed his superior, Robert Habeck, that he was his godfather three weeks after he had ruled in favor of Schäfer as head of Dena. However, such a violation is not punishable.
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