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 so now the 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 a couple.

Wegner had revealed that last year he broke up with his longtime partner, with whom he had two children. Regarding the new romance of the head of the government of the German capital, the lawyer Christian Sertz wrote that “regardless of the fact that such a development is not opposed to any legal provision, it is of course self-evident that, with regard to the duties arising from their positions, the involved must separate clearly their private from their professional life».

What applies in the event of a conflict of interest?

But that’s exactly the point: are the two of them allowed to be a couple? Or rather: of course they are allowed, but can they still work together in the same government? Isn’t Wegner somehow the minister’s “boss”?

What will happen for example if a political conflict arises? As some worried journalists are asking: Does Gunder-Winns now have a better chance of securing more money for Berlin’s schools, many of which are in poor shape, because her partner is the head of government?

Wegner stays, but his partner?

Since the affair became public, the Berlin media have been asking legal experts whether the minister should resign, so that there are no suspicions of favoritism. Corresponding questions are sometimes raised regarding Wegner’s position.

However, it is clear that in February 2023 Wegner was elected to the parliament in Berlin. And that since then he has been ruling the German capital in collaboration with the SPD – without him, that is, the city government will fall.

But Katarina Ginder-Vince? Can he remain a minister? Experts agree that indeed it can. Because, in contrast to what applies to big businesses or to higher offices, elected politicians do not have to conform to a specific framework of behavior, that is, to obey certain guidelines regarding the relations between them.

Political scientist Torsten Faas, for example, told the Tagesspiegel newspaper: “These are separate spheres, as politicians are often elected and not simply appointed to a position. However, any such situation raises certain issues, because conflicts of interest can easily arise.”

And the opinion of Ulrich Bates, emeritus professor of Constitutional Law at the Humboldt University of Berlin, complicates the issue even more: “Unlike the administration and the military, there is no regulatory framework for such a situation. However, Kai Wegner is a representative of the principal of all public servants, who are prohibited by law from entering into such relationships.” Therefore, may the mayor not be subject to any rule to which his employees, whom he somehow heads, are subject to?

“Legally there is nothing objectionable”

In a phone call with DW, Norman Leckel, these days exclusively responsible for questions about the love affair in the Berlin government, emphasizes that “from a purely 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 carries a certain weight, for example, he has secured his presence in the respective party through elections.”

As Leckel sums up, “we are wary of demands for the resignation of those involved.” He adds, however, that “the least that can be done now is to assign the potential conflicts of interest to another member of the government.” That is exactly what Wegner did on Tuesday (January 9), as criticism of himself and Minister Ginder-Vince intensified.

If in the future there are disputes between ministers, in which the Ministry of Education is also involved, Wegner will not play the role of mediator, as was the case until now, but Finance Minister Stefan Evers, who also belongs to the CDU.

The case of Olaf Solz, Brita Ernst and others

There have been other couples in German politics – but without the issue of a conflict of interest arising, as is the case here.

Chancellor Solz (SPD) has for example been married for 25 years to the Social Democrat Britta Ernst – who from 2017 to 2023 was Minister of Education in the state of Brandenburg, i.e. also during the first two years of Solz’s chancellorship. But the federal system clearly separates the federal 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 position of deputy minister in the Ministry of the Interior under Merkel’s government, while his wife served as Minister of Family Affairs for about the same period until 2013. Both have since retired from politics. A married couple with both partners in government? And this was allowed, even if the two of them had to put up with some criticism of their relationship.

Of course, different rules apply to Trump

No matter how many discussions are held about the couple of the Berlin government, the only thing that is certain is that in Germany something similar to what Donald Trump had done as president of the USA, when he appointed him as top adviser, is not going to happen. to the White House his son-in-law, Jared Kushner. For Trump, completely different rules applied and always apply.