FLASH
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In Berlin many things work differently than in the rest of Germany: in a way that is more chaotic, more confusing, that holds more surprises. And now news from Germany's largest metropolis is causing a stir again: the city's current mayor, who is also local prime minister, Kai Wegner, and his education minister, Katharina Gunder-Wiens, both members of the CDU, are couple.
Wegner had revealed that last year he separated from his partner of many years, with whom he had two children. Regarding the new romance of the head of the government of the German capital, lawyer Christian Scherz wrote that "despite the fact that such a development does not contradict any legal provision, it is of course self-evident that in terms of the duties arising from their positions , those involved must clearly separate their private and professional lives."
What applies in case of a conflict of interest?
But that's exactly the point: are those two allowed to be a couple? Or rather: of course they are allowed, but can they work together again in the same government?
What will happen for example if a political conflict arises? As some worried journalists ask: Does Gunder-Winns have a better chance of securing more money for Berlin's schools, many of which are in bad shape, because her partner is the head of the government?
Since the affair became public, Berlin media have asked legal experts whether the minister should resign, so that there are no suspicions of favoritism. Questions are raised about Wegner's position.
Although it is clear that in February 2023, Wegner was elected to the parliament in Berlin and since then he has governed the German capital in cooperation with the SPD. Without it, the city government will fall.
But Katarina Ginder-Vince? Can he remain a minister? Experts agree that it really can. Because, in contrast to what applies to big businesses or the highest offices, elected politicians do not have to adapt to a specific framework of behavior, that is, to obey certain guidelines regarding the relations between them.
Political scientist Torsten Faas told the Tagesspiegel newspaper: "These are special spheres, as politicians are often elected and not simply appointed to a position. However, any such situation raises several issues, because conflicts of interest can easily arise."
And the opinion of Ulrich Bates, professor emeritus of Constitutional Law at the Humboldt University of Berlin, complicates the issue even more: "Unlike the administration and the army, there is no regulatory framework for such a situation. However, Kai Wegner is a director representative of all public servants who are prohibited by law from entering into such relationships.” So can't the mayor be subject to a rule to which his employees are subject, whom he somehow directs?
In a telephone connection with DW, Norman Leckel answers questions about the love affair in the Berlin government and emphasizes that "from a legal point of view, none of them are reprehensible". This is partly due to the nature of politics within the framework of parliamentary democracy. "Each elected politician has a certain weight, e.g. he ensured his presence in the respective party through the elections."
As Leckel sums up, "we are wary of requests for the resignations of those involved." He adds that "the least that can be done now is to assign potential conflicts of interest to another member of the government." That's exactly what Wegner did on Tuesday (January 9), as criticism of him and Minister Ginder-Vince intensified.
If in the future there will be disagreements between the ministers, including the Ministry of Education, Wegner will not play the role of mediator, as he has done so far, but Finance Minister Stefan Evers, who also belongs to the CDU, will do so. -'s.
The case of Scholz, Ernst and others
There have been other couples in German politics, but without any conflict of interest, as is the case here.
Chancellor Scholz (SPD) has been married for 25 years to the Social Democrat Britta Ernst, who was Minister of Education in the state of Brandenburg from 2017 to 2023, i.e. during the first two years of Scholz's chancellorship. But the federal system clearly separates the federal level from the federated, local level and therefore there is no conflict of interest.
The marriage between Christina and Ole Schröder, members of the CDU, had sparked more debate. Ole Schröder held the post of deputy minister in the Interior Ministry under Merkel's government, while his wife served as minister of family affairs for the same period until 2013. Both have since retired from politics.
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