Administrative Law (Germany)

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The administrative law is the law of the executive , the State administration , and as such - in addition to the state law - a partial matter of public law . Administrative law regulates the state's legal relationships with its citizens, but also the functioning of administrative institutions and their relationship to one another. Within administrative law, a distinction is usually made between general and special administrative law. The general administrative law lays down the principles and principles of administration and its activities. The special administrative law establishes subject-specific legal rules for special activities of individual administrative branches (e.g. building law, municipal law, road traffic law).

Manage

Administration is taking care of one's own or other people's affairs . State administration is the fulfillment of public tasks by the organs of the state. It forms part of the state power, which is expressed in legislation, jurisdiction and administration (cf. separation of powers in three division of powers , Montesquieu; 8, 63). Public administration comprises the activities that the state or another public-law community (in particular an association) develops under its own legal system to achieve its purposes and which are neither legislation nor jurisdiction (Model-Creifelds: p. 229).

Principles of administrative law

General administrative law

General administrative law regulates the fundamental legal institutions and procedures that are basically found and may be required in every administrative procedure - regardless of the respective subject area.

In detail concerns the general administrative law

General administrative law is codified for the administrative activities of the federal authorities in the (Federal) Administrative Procedure Act (VwVfG) and for the administrative activities of the state authorities in the corresponding state administrative procedural laws, which, however, are largely identical in content to the Federal Administrative Procedure Act. For individual aspects of general administrative law, special laws are also relevant, such as the federal and state administrative enforcement laws for the enforcement of administrative decisions. To this day, however, individual parts have not yet been codified.

The special administrative law

The special administrative law is the "special administrative law", which is specially tailored to the requirements of specific, factual administrative tasks. The provisions of special administrative law appear alongside general administrative law by building on its provisions, supplementing or modifying them. Conversely, the general administrative law completes the special one where the latter has not made any independent regulations.

The following list shows a possible, widespread systematic structuring of special administrative law, without this list being complete, free of overlaps in every respect, or even the only correct one . If individual matters are primarily related to a certain law, this is also indicated (in brackets):

The special administrative law - depending on the distribution of legislative powers - is regulated by both federal and state laws. State law is primarily to be found in hazard prevention and municipal law, while environmental law, planning law and economic administration law are primarily regulated at the federal level. In addition to the federal legal provisions, however, there is often executive or supplementary state law.

In addition, the special administrative law in many areas is overlaid and influenced by European law .

Administrative procedural law

The Administrative Procedure Law regulates the legal protection against the acts or omissions of the administration before the administrative courts . It is regulated by law in the Administrative Court Code (VwGO).

literature

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