Görlitzer Park in Berlin-Kreuzberg remains open at night

Görlitzer Park in Berlin-Kreuzberg remains open at night. The Berlin-Brandenburg Higher Administrative Court (OVG) dismissed a complaint from the Senate Environment Administration against a decision of the administrative court in an expedited procedure, as a spokesman announced at the request of the German Press Agency.

The Senate has thus suffered another defeat in the dispute over nighttime closures. However, this is not a final decision; it will come later in the main proceedings.

At the beginning of June, the administrative court decided that the so-called general order with which the Senate Environment Administration had set the opening times was formally illegal. The Senate was not technically responsible, but rather the Friedrichshain-Kreuzberg district office. The OVG agreed with this view. A change in the legal situation was only made in July 2024 - and therefore too late. According to the court, the decision is unappealable.

Residents and initiative successful

Residents and members of the “Görli zaunfrei” alliance initially successfully defended themselves against the actions of the Senate made up of the CDU and SPD. He had decided on the measure in 2023 in order to curb the rampant drug trade and further crime. 16 entrance gates were constructed for the closure.

The Senate had hoped that the closure would lead to a noticeable reduction in drug trafficking and violent crime. From the Senate's point of view, Görlitzer Park, as a crime-ridden place, has no longer fulfilled its original recreational purpose for large parts of the population for years.

Police figures show no significant decrease in crimes in the park area during the period of temporary closure of the park from March to May. When asked at the beginning of August, the police pointed out that what was happening in the park could not be completely separated from what was happening in the adjacent Wrangelkiez area, which was also considered a crime-ridden area.

Initiative: abandon closure plans

The “Görli fence-free!” alliance called on politicians to finally abandon plans to close the park at night. The incumbent Senate and all those responsible should use the decision as an opportunity to question their policies, the initiative said.

“It is high time to end the populist sham battles. The social conflicts on site are real. But they need sustainable solutions instead of symbolic politics,” explained Philipp Vergin from the alliance. The success should be celebrated in the evening. There was initially no statement from the Senate Environmental Administration.

District against night closure

In addition to residents and the “Görli zaunfrei” alliance, the Friedrichshain-Kreuzberg district led by the Greens is also against the closure of the park and is also taking legal action against the Senate’s intervention. However, he unsuccessfully defended himself against the measures in urgent proceedings.

In the expedited procedure in 2024, the judges saw “no right of defense” for the district against the intervention and the Senate’s decision. It is said that it is not an independent community, but rather performs tasks as a subordinate part of the unified community of Berlin.