Verdict on Görlitzer Park in Berlin: Senate loses again

The Berlin-Brandenburg Higher Administrative Court has rejected a complaint from the current Berlin Senate regarding the night-time closure of Görlitz Park. It thus confirmed a decision by the Berlin Administrative Court in an urgent procedure from the beginning of June. Accordingly, the general order issued by the Senate Department for the Environment in February, which ordered opening times for the park, was formally illegal. The park had to reopen after three months of nighttime closures.

In its decision on Thursday, the Higher Administrative Court argued that the Senate had wrongly taken over the proceedings because “no instructions were previously issued to the district office” to set its own opening times. However, the Senate can only take a matter into its own hands if individual instructions given are not followed. The administrative court had already argued similarly that the Friedrichshain-Kreuzberg district office was responsible for setting closing times.

Five residents and members of the “Görli zaunfrei” alliance had filed a lawsuit against the closure of the park. They had argued that the measure was disproportionate. The statement of claim stated: "It is not suitable for achieving the goal of combating crime, as it only leads to a geographical and temporal relocation of crimes. In any case, it is inappropriate as it severely restricts the freedom of a large number of people."

A judgment in the main proceedings has not yet been made, according to the plaintiff's lawyer David Werdermann in an interview with the taz. The administrative court would again be responsible for this. But it is uncertain whether there will be a later trial and verdict. It is also possible that the future Senate will withdraw the opening hours regulations, said Werdermann. If, on the other hand, he wanted to stick to a closure, he would have to “exercise his right of entry again after receiving proper instructions” and issue a new regulation, said Werdermann.

David Kiefer, spokesman for the “Görli zaunfrei” alliance, does not expect this. He told the taz: “Finally the whole drama is over.” He expects the new state government to “take the decision into account, withdraw the regulation and the fence and the turnstiles will be dismantled again”.