Olaf Scholz's “turning point” speech: The Chancellery does not have to publish the draft

The Federal Chancellery does not have to make the draft of the “turning point” speech by former Chancellor Olaf Scholz (SPD) available. This follows from the ruling of the Berlin-Brandenburg Higher Administrative Court (OVG). The judges confirmed the judgment from the previous instance and rejected the plaintiff's appeal, as the OVG announced. The appeal to the Federal Administrative Court was permitted.

The plaintiff is seeking access to documents from the Federal Chancellery in connection with the “Turning of Times” speech. The then Chancellor gave the speech in the German Bundestag on February 27, 2022, a few days after the Russian attack on Ukraine. In his speech, Scholz announced a change of direction in German foreign and security policy and a special fund worth 100 billion euros to modernize the Bundeswehr.

The plaintiff had asked for the draft speech and three management templates that had been prepared by specialist departments in the Chancellery to be sent to him. This concerned, for example, the budget for defense and the investment needs in the armaments sector.

The Federal Chancellery rejected the application in April 2022 because the disclosure of relevant information could have, among other things, adverse effects on the interests of the Bundeswehr and public safety.

The plaintiff initially failed before the Berlin Administrative Court. The 12th Senate of the OVG Berlin-Brandenburg has now confirmed the verdict. As justification, it pointed to the protection of the core area of ​​executive responsibility. The draft speech in question also belongs to this core area.

The judges were also convinced that the pipeline templates were correctly classified as classified information. They shared the assessment that the disclosure of the information contained therein gave rise to fears of disadvantages for the interests of the federal government.