Official act

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An official act is an act in the exercise of a public office .

Administrative law

The term of the paid order of business was in the Administrative Expenses Act legally defines the federal government as "a particular use or performance of the public service" (§ 1 para. 1 VwKostG). With effect from August 15, 2013, the term in the Federal Fees Act (BGebG) was replaced by the individually attributable public service . These are in particular actions that are performed within the framework of public-law administrative activity, insofar as they have an external effect (Section 3 (1) No. 4 BGebG).

This includes acts in connection with an administrative procedure such as the issuing of administrative acts , such as the granting of a permit, the decision on an objection or a police measure to arrest troublemakers ( Section 164 StPO ).

Official acts towards the citizen - in contrast to general administrative acts such as internal cooperation in the context of administrative assistance or the conclusion of a public law contract - are often subject to charges , e.g. acts of the customs authorities. The term is also relevant in state liability law , which justifies a claim for damages on the part of the injured party in the event of unlawful official acts ( Art. 34 GG, § 839 BGB).

According to Section 65 (1) BBG, civil servants are to be exempted from official acts due to the risk of a conflict of interests which would be directed against themselves or their relatives.

Canon Law

In canon law , official acts are also called casualia (such as baptism and marriage ). The fees incurred for this are called stolation fees .

Web links

Wiktionary: Official act  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Amtshandlung, accessed on April 14, 2016
  2. § 1 VwKostG
  3. BVerwG, decision of October 1, 2009 - 7 B 24.09 margin no. 6th
  4. cf. for example for the collection of administrative costs for official acts in the own sphere of activity of the municipalities and municipal associations Announcement of the Bavarian State Ministry of the Interior of January 20, 1999 Az .: IB3-1052-4, No. 1.1.1 and 1.1.3
  5. BVerwG, decision of October 1, 2009 - 7 B 24.09 margin no. 7th
  6. cf. § 2 Customs Costs Ordinance (ZollKostV)
  7. Application to carry out a chargeable official act at a customs office, accessed on April 14, 2016
  8. ^ EKD statistics: Official acts ( memento from April 24, 2016 in the Internet Archive ) Evangelical Church in Germany , 2013