Compliance of an irregular evaluation system for permanent judges with constitutional personnel standards

The Federal Administrative Court granted leave to appeal for the plaintiff, ordering that the appeal is admissible due to the matter's fundamental significance, leaving the lower instance judgment pending final review on the merits. The dispute involves a civil servant (a judge) challenging an evaluation system that systematically omits regular performance appraisals in favor of irregular, case-specific evaluations with individually determined time frames, effectively questioning whether such a system complies with constitutional guarantees for personnel advancement. The decision rests on § 132 Abs. 2 Nr. 1 VwGO regarding admissibility based on fundamental legal questions, specifically examining whether the described evaluation structure satisfies the requirements of Article 33 Abs. 2 of the German Basic Law concerning the right of officials to be treated according to their aptitude, performance, and professional seniority.