Delivery (administration)
Delivery designated administrative law handoff of a process and of belonging to this case file to another authority because it is responsible.
If an authority determines that it is not responsible at the beginning of an administrative procedure, it passes the procedure on to the competent authority with this justification and also informs the parties involved . The submission of an application due to lack of jurisdiction according to Section 14, Paragraph 1, Clause 2 of Book IX of the Social Code as an internal procedural act cannot be challenged with an objection or action. An application to the competent authority is only effective, in particular submitted on time, if it has stamped the application on it. Otherwise, it only acts as a messenger when forwarding the application, with the result that the application is only accepted when it is received by the institution responsible for the decision ( Section 16 of the Book I of the Social Code).
If the local authority changes during the course of the administrative procedure , the previously responsible authority can only continue the administrative procedure if the authority now responsible gives its express consent ( Section 3 (3) VwVfG, Section 2 (2) SGB X). A consolidation of jurisdiction that would outlast the cessation of the circumstances giving rise to local jurisdiction - as is the case in the court procedural rules with the provisions on perpetuatio fori - does not therefore occur in administrative proceedings .
A complaint that is received by an authority within the period of action instead of by the competent social court must be submitted by the authority to the competent court immediately ( Section 91 SGG).
Authorities in the management process for the production of documents or files and to transmit electronic documents obligation ( § 99 para. 1 sentence 1 Code of Administrative Procedure).
We also speak of submission when files are handed over to the registry for archiving after a final process has been finalized .
In the judiciary, one speaks of submission only when a case is passed on within the same court to another panel . Passing on to another court is called referral and is based on a formal decision.
Individual evidence
- ↑ Cable car committee of the federal states (ed.): Instructions for the implementation of market surveillance in the field of cable cars for passenger transport in Germany 2nd edition 2016, p. 28
- ↑ Peter Ulrich: Need for legal protection against forwarding the rehabilitation application. Comment on SG Fulda, court decision of January 2, 2012 - S 1 R 151/09 June 22, 2012
- ↑ R2.1 Legally effective application website of the German Pension Insurance , accessed on December 13, 2017
- ^ VG Schwerin, decision of May 14, 2008 - Az. 6 B 140/08 marginal no. 18th
- ^ Draft of an Administrative Procedure Act (VwVfG) BT-Drs. 7/910 of July 18, 1973, p. 37
- ↑ BVerfG, decision of October 27, 1999 - 1 BvR 385/90
