Baden Administrative Court

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The Baden Administrative Court, based in Karlsruhe, was the first independent administrative court in Germany. It was built on October 1, 1864 and formally existed until 1945.

history

As early as 1848, during parliamentary deliberations on a law on the reorganization of the administration, concerns had arisen about a regulation according to which decisions of the district committees should be reviewed by the Ministry of the Interior or the State Ministry. The government then submitted an additional bill which provided for the establishment of an independent administrative court. Since it was unclear whether the proposed regulations would be compatible with the Paulskirche constitution , the plans for administrative reform were ultimately not pursued.

It was not until 1860 that the administrative reform became the subject of political initiatives again, and finally the law on the organization of internal administration was passed on October 5, 1863, in whose § 1 it was stated: "The administration of justice in certain disputes over public law is .) exercised in the last instance by the administrative court. " Sections 15 to 19 of the Act contained more detailed provisions on the Court of Justice. However, the procedure should be regulated by a government ordinance. On July 12, 1864, for example, the executive order for the law on the organization of internal administration was issued; in particular concerning the establishment and competence of the authorities and the procedure which contained these regulations and which put the law into effect on October 1, 1864. This was the first time that an independent administrative court existed in Germany on that day.

Because of a transitional provision in the Executive Ordinance, the first proceedings of the court had to be decided in secret session, as had previously been the case with the handling of appeals through administrative channels. Following this procedure, the court issued its first decision on December 15, 1864. The first public session of the Administrative Court took place on January 10, 1865, with great public interest. His first publicly announced decisions were made on the same day.

The Administrative Law Maintenance Act of June 14, 1884 provided a legal basis for the proceedings of the Administrative Court.

After the National Socialists came to power in 1933, the Badische Verwaltungsgerichtshof shared the fate of the German administrative judiciary in general: Formally, it remained in place, but practically it lost its importance because the National Socialist laws regularly did not provide for judicial review of administrative measures. In addition, legal views followed, especially in the area of ​​the so-called political police , which resulted in the fact that a substantive examination of the administrative action no longer took place. Correspondingly, the judicial activity of the court declined sharply. With the beginning of the Second World War, the court was deprived of practically all of its remaining jurisdiction through simplification decrees. Almost all judges were also transferred to the administration. At the end of 1944, the seat of the court, whose staff consisted only of the president, an office clerk, a typist and a caretaker, was relocated to Bad Rappenau .

The administrative courts established in southwestern Germany after the Second World War have no continuity with the Baden Administrative Court : In southern Baden , an administrative court was established in Freiburg, while in Württemberg-Baden , to which Karlsruhe belonged, the administrative court in Stuttgart was established, while Karlsruhe only had one first instance administrative court received.

President

The first president of the Baden Administrative Court was Gideon Weizel . He died in 1872, and Ludwig Renck was his successor in 1874 . From 1913 Karl Glockner was president.

composition

The Baden Administrative Court consisted of a president and six councilors and made decisions with a cast of five judges. According to the Administrative Justice Act of 1884, the members had to be qualified to hold judicial office and were not allowed to work in administration during their term of office. There were no volunteer judges at the court.

Jurisdiction

The enumeration principle applied to the jurisdiction of the Administrative Court: The court was only competent for matters that were expressly assigned to it by a catalog set out in the law. This initially included the decision on appeals against administrative court decisions of the district councils , whose jurisdiction was in turn determined according to a completed catalog. This included, for example, disputes about community membership or the active and passive municipal voting rights, various contribution obligations, field clean-up, use of water, hunting and fishing. The Administrative Court was the only instance to rule on property disputes between citizens and the state or state institutions such as pension funds, the obligation to pay state taxes, the right to Baden citizenship and the costs of certain police measures. The Administrative Law Maintenance Act of 1884 also adhered to the enumeration principle, but brought about a considerable expansion of the catalog of competencies.

literature

  • Ludwig Renck: The first decade of Baden's administrative organization. In: Journal for Baden Administration and Administrative Justice , No. 20 of October 3, 1874, pp. 189–194, digitized version of the Berlin State Library

Individual evidence

  1. ↑ law. The establishment and the business group of the administrative authorities concerning April 10, 1840, Reg. Bl. P. 205 .
  2. ^ Ina Bauer: The emergence of administrative jurisdiction in Baden . In: Verwaltungsgerichtshof Baden-Württemberg (Ed.): Festschrift 150 years of administrative jurisdiction. Origin, lines of development and perspectives in the German and European context . Boorberg, Stuttgart et al. 2014, ISBN 978-3-415-05160-7 , p. 33-57 . , here pp. 35–38
  3. ↑ Reg. Bl. S.399 .
  4. ↑ Reg. Bl. P. 333 .
  5. ↑ Bauer pp. 33–34.
  6. ↑ Bauer pp 43-55.
  7. ↑ a b c law. The administration of administrative justice on June 14, 1884, Reg. Bl. P. 197 .
  8. ↑ Christian Kirchberg: From Consolidation to Marginalization - Administration of Administrative Law in Germany from the Turn of the Century to the End of the "Third Reich" . In: Verwaltungsgerichtshof Baden-Württemberg (Ed.): Festschrift 150 years of administrative jurisdiction. Origin, lines of development and perspectives in the German and European context . Boorberg, Stuttgart et al. 2014, ISBN 978-3-415-05160-7 , p. 77-88 . , here pp. 79-87, especially pp. 82-83
  9. ↑ Claus Maissner: The development of administrative jurisdiction in Germany since 1945 . In: Verwaltungsgerichtshof Baden-Württemberg (Ed.): Festschrift 150 years of administrative jurisdiction. Origin, lines of development and perspectives in the German and European context . Boorberg, Stuttgart et al. 2014, ISBN 978-3-415-05160-7 , p. 89-104 . , here p. 91
  10. ↑ Bauer p. 33.
  11. ^ Personal database of the state bibliography of Baden-Württemberg. In: www.statistik.baden-wuerttemberg.de. Retrieved May 27, 2018 .
  12. ↑ a b Eugen Trostel: The administrative jurisdiction from the foundation to the end of the empire, VBlBW 1988, 363, 365.
  13. ^ Eugen Trostel: The administrative jurisdiction from the foundation to the end of the Empire, VBlBW 1988, 363, 369.
  14. ↑ Bauer, pp. 39-40.