Sufficiency of false appearance of unconstitutionality as violation of civil servant loyalty duty under BeamtStG

The Federal Administrative Court (BVerwG) overturned the Higher Administrative Court of North-Rhine Westphalia’s refusal to admit the revision, thereby granting the defendant's appeal and admitting the revision for further review, with costs deferred to the main proceedings. The dispute concerns a disciplinary proceeding under public service law, specifically whether establishing a "false appearance" of un-loyalty to the Constitution constitutes a violation of the statutory requirement for civil servants to remain loyal to the constitutional order. The decision rests on the finding that the case involves a question of fundamental importance under § 132 Abs. 2 Nr. 1 VwGO, necessitating clarification of whether such a false appearance alone satisfies the elements of § 33 Abs. 1 Satz 3 Alt. 2 BeamtStG, and notes that no value in dispute determination is required due to flat fees applicable in disciplinary proceedings.