Decision judgment

from Wikipedia, the free encyclopedia

In German administrative procedural law, the decision judgment is a possible judgment on the legal action .

A commitment decision is the administrative court in accordance with § 113 , para. 5 sentence 1 Code of Administrative Procedure only if the plaintiff by the refusal or failure of the administrative act violated his rights and saying maturity of the matter is given. Otherwise, in accordance with Section 113 (5) sentence 2 VwGO , the court expresses the obligation to notify the plaintiff in compliance with the legal opinion of the court.

This is particularly the case if there is no entitlement to the coveted administrative act, but only an entitlement to a decision free of discretionary error . In principle, this must be carried out by the administration itself, unless there is a reduction in discretion to zero . The same applies if the court has to consider the discretion of the administration.

literature

  • Thorsten Ingo Schmidt: VwGO case review: Basics - Examination knowledge - Legal clerkship. CF Müller Verlag, Heidelberg 2007, ISBN 978-3-8114-3438-7 .

Web links