Bavarian Administrative Court

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Courthouse in Munich's Ludwigstrasse
Ansbach branch of the Bavarian Administrative Court

The Bavarian Administrative Court ( BayVGH ) forms the head of administrative jurisdiction in the state of Bavaria and has its headquarters in Munich with a branch in Ansbach . The judicial district is the entire area of ​​the state.

VGH instead of OVG

Unlike in most of the federal states, the administrative court middle instance in Bavaria is not called the Higher Administrative Court (abbreviation OVG). Rather, Bayern to Art. 1 para. 1 sentence 1 AGVwGO (BY) from that in § 184 Code of Administrative Procedure made provided option, the historical name Administrative Court maintain (abbreviated VGH). Another special feature is that the Administrative Court, like the administrative courts in Bavaria, is assigned to the Ministry of the Interior and not to the Justice Department as in the other federal states. § 4

Occupation and organization

In 2020, 68 judges are employed, spread over 21 senates. In addition, there are six specialist senates (a land consolidation senate, two disciplinary senates, two senates for staff representation matters, one senate for decisions according to Section 99 (2) VwGO) and a senate for decisions according to Section 198 GVG ( legal protection in the event of lengthy court proceedings ). Foreign Senates in Ansbach are the 12th, 19th, 20th and 21st Senates. Andrea Breit has been President of the VGH since 2020 ; nine judges of the Administrative Court are also members of the Bavarian Constitutional Court .

Instance move

The VGH is subordinate to the Federal Administrative Court . Subordinate courts are the Bavarian administrative courts of Ansbach (Middle Franconia), Augsburg (Swabia), Bayreuth (Upper Franconia), Munich (Upper Bavaria), Regensburg (Upper Palatinate and Lower Bavaria) and Würzburg (Lower Franconia).

history

The Bavarian Administrative Court can look back on 137 years of history.

Prehistory and establishment of the Bavarian Administrative Court

In the Basic Law of June 4, 1848, the separation of administration and jurisdiction was also provided for at the lowest state level. After civil and criminal matters remained with the regional courts in 1862, the newly established district offices took over the lower state administration. At the same time as the Courts Constitution Act of the German Empire, the Bavarian Administrative Court was brought into being on October 1, 1879.

Original jurisdiction and powers of the Bavarian Administrative Court

At the lowest level, the administration of administrative justice was carried out by organs of the administration, which, however, were objectively independent and free of instructions. The jurisdiction of the Bavarian Administrative Court was based on an extensive catalog. Up until the Second World War , the Bavarian Administrative Court was the only legal protection instance for administrative disputes in Bavaria that was institutionally separate from the administration. The laws of 1878 and 1879 were in effect with changes until after the end of World War II . It was not until the (Bavarian) Act No. 39 on Administrative Jurisdiction of September 25, 1946 that both laws were formally repealed. Since then, he has been responsible for a large number of administrative disputes based on a general clause.

The development of the Bavarian Administrative Court up to the end of the monarchy in 1918

In the first 40 years or so of its existence, the court essentially deals with cases relating to professional law (marriage), trade law, social security and poor relief, state supervision as well as community citizenship and home law. In 1913, the Bavarian Administrative Court moved into the so-called women's monastery building at Ludwigstrasse 23, which was built between 1835 and 1839, and where it has been based to this day, i.e. for over a hundred years.

The Bavarian Administrative Court during the Weimar Republic 1919–1933

With the end of the monarchy, the entire law was comprehensively reformed. This gave the court new tasks, while others were no longer required, for example by the Reich legislation. In order to provide relief, the appeal to the last instance was excluded on a number of matters. During this time, the main areas of activity were the right to self-government and the right of welfare.

The Bavarian Administrative Court during National Socialism 1933–1945

During the dictatorship, judicial activities were increasingly restricted until they finally came to a complete standstill on November 10, 1944. On January 7, 1945, after an air raid on the building of the Bavarian Administrative Court, almost all files and business books were burned.

The re-establishment of the administrative judiciary after 1945

An attempt to resume the activities of the Bavarian Administrative Court on November 15, 1945 failed due to the lack of judges at the time. By the Bavarian Law No. 39 on September 25, 1946 the administrative jurisdiction in Bavaria was placed on a new basis. Six administrative courts of first instance were placed upstream (see section Appointment ). Since December 1995, the Administrative Court has had a branch in Ansbach , Central Franconia , in which four senates with a total of 13 judges are active.

The presidents of the Bavarian Administrative Court and their terms of office

Name of the President Life dates Term of office
Gottfried von Feder 1806-1892 1.1.1879 to 12.10.1888
Lorenz von Braunwart 1826-1904 13.10.1888 to 30.6.1896
Gustav von Kahr (the elder) 1833-1905 July 1, 1896 to October 31, 1905
Max von Müller 1841-1906 1.11.1905 to 14.4.1906
Wilhelm von Lermann 1846-1917 June 1, 1906 to September 30, 1912
Carl Johann von Krazeisen 1851-1924 October 1, 1912 to December 31, 1918
Ludwig von Knözinger 1862-1943 1/1/1919 to 10/15/1924
Gustav von Kahr 1862-1934 October 16, 1924 to December 31, 1930
Hans Schmelzle 1874-1955 1.1.1931 to 30.4.1939
Ottmar Kollmann 1886-1969 September 1, 1950 to May 31, 1954
Jakob Kratzer 1892-1974 July 1, 1954 to November 30, 1957
Hermann Feneberg 1903-1977 February 1, 1958 to August 31, 1968
Erich Eyermann 1906-1998 September 1, 1968 to June 30, 1974
Johann Schmidt 1922-2010 July 1, 1974 to March 31, 1987
Klaus Werner Lotz * 1930 April 16, 1987 to May 31, 1995
Johann Wittmann * 1937 1.6.1995 to July 31, 2002
Rolf Hüffer * 1945 1.8.2002 to 30.9.2010
Stephan Kersten * 1954 October 1, 2010 to January 31, 2020
Andrea Breit since 1.2.2020

See also

Web links

Commons : Bavarian Administrative Court  - Collection of images, videos and audio files

Individual evidence

  1. ↑ a b We-about-us information on the VGH website , accessed on February 10, 2020
  2. ↑ BayVGH: Division of responsibilities of the Bavarian Administrative Court for the 2020 financial year
  3. ↑ StMI: Change at the top of the BayVGH
  4. ↑ BayVerfGH: Directory of judges
  5. ^ Klaus Werner Lotz: Bavarian Administrative Court , published on May 11, 2006; in: Historical Lexicon of Bavaria , URL: [1] (January 21, 2017).
  6. ↑ Report from the cabinet meeting on January 13, 2020. Bavarian State Government, January 13, 2020, accessed on January 13, 2020 .

Coordinates: 48 ° 8 ′ 54.5 ″  N , 11 ° 34 ′ 48.1 ″  E