Modern culture of remembrance” in the District of Düren: The “flower ban” by the District of Düren on the German military cemeteries in Hürtgen Forest before the State Constitutional Court of Northrhine-Westfalia (Published on 30/04/2025)

As is known, since the adoption of new cemetery rules (“Friedhofsordnung”, “FO”) in September 2022 the District of Düren under District Administrator Wolfgang Spelthahn (CDU) has prohibited visitors to the German military cemeteries in Hürtgen and Vossenack from laying there “wreaths or flowers, vases or other signs of mourning” unless they have been granted an exceptional permit (cf. sec. 4 cipher 4. a) FO); violations of this prohibition constitute an administrative offense (cf. sec. 7 FO).

The preliminary legal protection against this so-called “flower ban” initiated at the beginning of 2023 was unsuccessful before the Administrative Court Aachen (“VG Aachen”) and the Higher Administrative Court NRW (“OVG NRW”).

In July 2023, a constitutional complaint was filed with the State Constitutional Court of Northrhine-Westfalia (“VerfGH NRW”) against sec. 4 cipher 4. a) FO and the rejection of the corresponding urgent appeal by the OVG NRW, subsequently accompanied by a corresponding application for a temporary injunction. The VerfGH NRW has rejected both.

An report on the two decisions is available here.

 

(Head picture: Flowers on a grave
at the German military cemetery Vossenack, October 2023)

 

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