Visibility is located in the administrative law occurs when the legal effectiveness of types of administrative activity the jurisdiction of an outside of the public administration related legal entity affected. The opposite is the internal effect .
External impact is only created by visible administrative services . This exists when the administration makes payments , issues warnings , sanctions , bans or permits or sets legal norms . It provides these administrative services to legal entities , i.e. natural persons ( citizens ), associations of persons or legal entities . They are the norm addressees of administrative acts, the most common form of administrative action. The normative regulation of administrative acts is final and primarily aimed at binding legal subjects and courts.
A distinction is made between direct and indirect external effects. Immediate external effect results from the decision sentence of an administrative act. It is aimed at "direct legal effects to the outside world" ( Section 35 sentence 1 VwVfG ). If the citizen is affected by a regulation, but without being the norm addressee, there is an indirect external effect . The decisions of the administration bind the citizens to - for them not directly - applicable administrative regulations . Pure internal effect create rules of procedure , labor and service instructions , because they bind only those affected by them workers . Administrative regulations are able to establish "beyond the internal binding of the subordinate authorities instructed by them , by way of the so-called self- binding of the administration, also an external effect in relation to the administration to the citizen". This is an indirect external effect, because the administration issues administrative acts on the basis of internal agency instructions and administrative regulations that apply only to the authority, but the administrative act based on this creates a direct external effect.
External impact is necessary so that the citizen or an affected third party can exercise legal protection options against a legal measure by an authority . For example, a citizen cannot take legal action against a land use plan because it has no external impact. The same applies to administrative regulations, but the principle of self-commitment on the part of the administration in conjunction with the principle of equal treatment can give rise to at least the right to equal treatment with other citizens.
If the addressee of the administrative act is a civil servant , soldier or judge , a distinction must be made between the basic relationship and the company relationship when examining whether the measure has any external impact . If the administrative member is affected in the basic relationship, there is external effect; if he is affected in the employment relationship, not. Concerning the basic relationship means that the addressee is addressed as the bearer of personal rights and obligations (e.g. when making an appointment ). Concerning the working relationship means that the addressee is addressed as part of the administrative organizational structure (e.g. during implementation ).
- ↑ Dirk Ehlers / Martin Burgi, General Administrative Law , 2010, p. 586
- ↑ Mike Wienbracke, General Administrative Law , 2015, p. 52
- ↑ BVerwG, judgment of December 10, 1969, in: BVerwGE 34, 278, 280