Right of application

from Wikipedia, the free encyclopedia

The right of application describes the right of a natural or legal person to bring about a specific legal act , in particular an official act , legally binding declaration or official decision .

Constitutional law

In the Federal Republic of Germany, the members of the Bundestag , the Bundesrat , the state parliaments and the representations at the local level ( local parliaments ) have the right to submit an application to the respective parliamentary body for advice on a specific subject, usually with the aim of passing resolutions ask, for example changing a certain law. After the editorial deadline, the sum of the requests made forms the agenda .

The right to apply is regulated in the constitutions , i.e. the Basic Law , the state and local constitutions , as well as the respective rules of procedure , such as the rules of procedure of the German Bundestag or the rules of procedure of the German Bundesrat . Both the determination of the persons or institutions to whom the right to apply and the procedure to be followed to submit an application are regulated there.

A special form of parliamentary motion are the urgency motion and the motion for a resolution .

Also in methods of direct democracy is often a precursor to the popular vote regulated, under what conditions and with what quorum means of civil or Volksbegehren a concrete matter of competent people representation can be presented to the referral.

Regardless of certain procedures for citizen participation , everyone has the right, individually or in association with others, to address requests or complaints in writing to the responsible bodies and to the parliament ( Article 17 of the Basic Law). However, the right of petition does not include the right to a decision on the matter.

Administrative law

The administrative procedure begins with the application ( Section 22 VwVfG). The applicant holds the position of the procedure involved ( § 13 , para. 1, no. 1 VwVfG). If his application remains unsuccessful, the applicant according to Art. 19 (4) GG, the judges' decision is open to the extent that the decision is unlawful and his rights are thereby violated ( Section 42 (2), Section 113 (1) and (5) VwGO). The right to apply follows from the conception of the subjective public rights of the individual to demand something from the state or to be allowed to do something about it.

Land register law

In land register law , the right to apply is represented by the application principle . The formal land register law requires that an entry in the land register can only be brought about by an application for entry ( Section 13 (1) GBO ). This application can be made by any of the parties involved, whereby the exact time of receipt must be noted on the application by the land registry (“presentation”; Section 13 (2) GBO). In addition, the approval of the person whose rights are affected by an entry is required (“formal consensus principle”; Section 19 GBO). This application principle is breached only in exceptional cases, such as when content invalid entries ex officio delete or enter an office contradiction ( § 53 para. 1 GBO). The application is free form as such, while the authorization referred to in § 29 para. 1 GBO notary to certify is.

Legal proceedings

A civil action must , and a public law action should contain a specific application ( Section 253 (2) No. 2 ZPO, Section 82 (1) sentence 2 VwGO). In making its decision, the court is bound by these applications and may not award more than was applied for ( ne ultra petita ), but less (assessment instead of performance judgment).

Criminal complaints will only be prosecuted if a criminal complaint has been filed. In criminal proceedings , the indictment contains the application to open the main proceedings ( Section 199 (2) sentence 1 StPO). Before the judgment is pronounced, the public prosecutor and the defense submit their applications for the result of the taking of evidence ( Section 258 (1) StPO).

civil right

In civil law, a contract is concluded by accepting a corresponding application ( Section 145 BGB).

See also

Web links

Wiktionary: Application  - explanations of meanings, word origins, synonyms, translations
Wiktionary: subjective public law  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
  2. Ingo Kraft, The conception of subjective public law according to German law , 2008, p. 13 ff.
  3. ^ BGH, judgment of January 31, 1984 - VI ZR 150/82
  4. The final lecture uni-sb.de