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Legal Review: MV Climate and Environmental Protection Foundation Cannot Be Dissolved According to Law

As of: February 22, 2024 11:59 a.m

The MV Climate and Environmental Protection Foundation cannot be dissolved in accordance with the law. This is the conclusion reached by the special representative for the dissolution of the foundation, the lawyer Andreas Urban.

State Parliament President Birgit Hesse (SPD) and the lawyer she commissioned, Andreas Urban, presented the results of the legal review into the dissolution of the controversial climate foundation in Schwerin today. Accordingly, the foundation cannot be dissolved in accordance with the law.

Report: Foundation can pursue purposes

According to the report, there can be no objection to the fact that the foundation received most of its capital from Nord Stream 2 because the funds were paid in before the Russian war of aggression. The construction of the Nord Stream 2 Baltic Sea pipeline failed, but the foundation, with assets of at least 16 million euros, is still in a position to pursue its remaining main purposes.

Further information

The controversial foundation is on the verge of collapse, its connections to Russia and the role of Prime Minister Schwesig remain nebulous. more

The state parliament’s resolution to dissolve the building was not implemented

The foundation was to be dissolved after Russia’s attack on Ukraine. The state parliament had already decided this with a broad majority at the beginning of March 2022. The foundation board did not comply with what was now declared legal in Urban’s report. Because: A change to the statutes “according to the ultima ratio principle precedes the dissolution of the foundation”. And such a change to the statutes was also made at the request of the board – all statute provisions that dealt with the issue of Nord Stream 2 were removed.

Dissolution by the foundation authority is not possible

According to Urban, it is also not possible for the foundation authority responsible for such measures to dissolve the foundation. This can only become active if the board of directors has to dissolve the foundation but does not do so or if the foundation endangers the common good. However, these requirements do not exist. On the contrary, says Urban: With climate and environmental protection, the foundation is pursuing goals that promote the common good.

Climate Foundation MV: ongoing dispute in the state parliament

After the state parliament’s decision in March 2022, the state government also said that a dissolution was not legally possible. The issue became an ongoing dispute in the state parliament. Even before Urban was commissioned, two legal opinions on the question of dissolving the foundation had come to opposite conclusions. State Parliament President Hesse hired Urban as a special representative at the end of 2023.

Further information

It is the first time that the state parliament has appointed a representative to implement a parliamentary decision. more

The financial court in Greifswald therefore decided against the foundation and thus in favor of the state treasury. more

According to the state constitutional court, the state government did not adequately respond to an inquiry about the controversial climate foundation. more

The employee of the Ribnitz-Damgarten tax office burned tax documents from the Climate Foundation in spring 2022. more

This topic in the program:

NDR 1 Radio MV | News from Mecklenburg-Western Pomerania | 02/22/2024 | 12:00 o’clock

2024-02-22 10:14:19
#Special #representative #Climate #Foundation #dissolved

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