Addressee theory

from Wikipedia, the free encyclopedia

The addressee theory , also known as the addressee formula, is a consequence for administrative procedural law from the Elfes judgment of the Federal Constitutional Court (BVerfG) . The legal standing according to § 42 para. 2 Code of Administrative Procedure requires according to her, no further statement of a grievance more if the applicant against a decision addressed to him burdensome measure of management applies.

Reason

In the (typical) case of a burdensome administrative act , in particular , there is the possibility of violating one's own subjective right and thus the right to bring an action already from a possible violation of the general freedom of action under Article 2 (1) of the Basic Law . According to the constant jurisprudence of the Federal Constitutional Court, the fundamental right protects absolutely all behavior and is always violated when an onerous measure of public authority is not constitutionally justified. This is the case if the (addressed, burdensome) administrative act is unlawful, which is always possible ( possibility theory ). For this reason, no further justification of the legal standing is required: The addressee of an onerous administrative measure is always authorized to sue.

The addressee theory can also be used within the framework of the authority to lodge a constitutional complaint to justify the complainant's own concern. Dispute is the application for reasons of legal standing in the obligation suit in rejecting a proposed order of business: According to the prevailing opinion is to reject an application, as Art. 2 , para 1 GG merely a defense but not containing a power law..

See also

Individual evidence

  1. ↑ BVerfGE 6, 32 (Elfes) .
  2. ↑ Schenke , Administrative Process Law, 11th edition 2007, Rn. 510
  3. ↑ Brandt / Sachs , Handbook Administrative Procedures and Administrative Processes, 3rd edition 2009, M 41.
  4. ↑ BVerfGE 80, 137 - Riding in the forest.
  5. ↑ Pestalozza , Constitutional Process Law, 3rd edition 1991, § 12 Rn. 41.
  6. ↑ In this direction: Stern / Blanke, Administrative procedural law in the exam, 9th edition 2008, Rn. 303
  7. ↑ Schenke, Administrative Process Law, 11th edition 2007, Rn. 512.