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A Play in the Naumburg City Council! - Rules of Procedure of the Council are unlawful - at least partly!Once again, it was quite an experience yesterday at the City Council. The contrasts clashed magnificently. 
Right at the beginning there was a short discussion about whether I was allowed to record the council meeting on video. The chairman of the council, Jörg Schütze (CDU), who was leading the meeting, claimed I hadn’t registered the video recording. However, I had submitted a registration – about 20 minutes earlier by email, while I was waiting with other council members outside the hall because a committee meeting was still in progress. That wasn’t enough for the chairman. He even insisted that I would have to apply for permission, until I pointed out to him that only a registration was required. Still, he demanded that in the future I submit the registration to him personally one day in advance. He even offered to give me his email address for that. If I didn’t follow these rules next time, he would forbid me from filming. I could, so he said, sue him afterwards. The much-adored district administrator, Götz Ulrich, acts in exactly the same way. It seems to me that Jörg Schütze is struggling with real democracy and is quite fond of arbitrariness – just as I have often experienced, especially with CDU members. Strange, considering that the CDU always presents itself as so democratic. Nasty, as I always amNasty as I always am, I like to take a look at the relevant legal requirements. And lo and behold: neither the Municipal Constitution Act nor the Rules of Procedure of the Naumburg City Council mention anything about how far in advance a registration must be made. Therefore, even one minute before the opening of the meeting would be sufficient, since it is still before. Jörg Schütze is therefore arbitrarily demanding something he has no right to demand.In addition, I noticed that the Rules of Procedure are actually unlawful in this part. Because it literally states that an audio and video recording must be “approved.” That contradicts the Municipal Constitution Act, which explicitly only mentions the possibility of prohibiting a recording if it would cause disturbances. Approval, however, is not foreseen at all. A municipal code of procedure cannot restrict higher-ranking state law. This means: if the Municipal Constitution Act (KVG LSA) provides admissibility that may only be restricted in the case of disturbances, then the Rules of Procedure cannot additionally introduce a requirement for approval. The stark contrastIt was fascinating to see that when it came to the development of the former prison site (JVA) in Naumburg, there was an extensive tug-of-war over how applications should be handled. The meeting was interrupted for consultation, and the lawyers in the room were asked whether the procedure was legally correct – nobody wanted to risk doing something wrong.During my little exchange with the chairman of the City Council, however, no lawyer spoke up. In any case, I see my next appearance there with complete calm. Because since this passage in the Rules of Procedure is unlawful, it cannot be applied. It really is that simple. Enjoy the video recording of the Naumburg City Council meeting from 24.09.2025. Author: AI-Translation - Michael Thurm | |
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