Federal Fees Act
| Basic data | |
|---|---|
| Title: | Federal Fees and Expenses Act |
| Short title: | Federal Fees Act |
| Abbreviation: | BGebG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law |
| References : | 202-5 |
| Issued on: | 7 August 2013 ( Federal Law Gazette I p. 3154 ) |
| Entry into force on: | August 15, 2013 (Art. 5 Paragraph 1 Sentence 1 G of August 7, 2013) |
| Last change by: |
Art. 1 G of March 10, 2017 ( Federal Law Gazette I p. 417 ) |
| Effective date of the last change: |
March 16, 2017 (Art. 7 G of March 10, 2017) |
| GESTA : | B076 |
| Weblink: | Text of the BGebG |
| Please note the note on the applicable legal version. | |
The law on fees and expenses of the Federal (briefly Federal Fees Act is entered into force on 15 August 2013 in a central, BGebG) law governing the collection of management fees and expenses in connection with the public administrative activities of the federal authorities and by federal bodies , Institutions and foundations under public law .
history
It was as Article 1 of the Law on structural reform of the charges law of the Federation on June 6, 2013, as amended by the mediation committee of the Bundestag with the consent of the Federal Council decided, August 7, 2013. German President , Chancellor and Federal Minister of the Interior issued and entered on August 15, 2013 Federal Law Gazette announced. When it came into force on August 15, 2013, it replaced the Federal Administrative Costs Act of June 23, 1970, which ceased to be in force with the entry into force of the law on structural reform of the federal fee law pursuant to Art. 5 Paragraph 1 Clause 2 thereof.
content
Goal setting
The aim of the law is to modernize, adjust and standardize the entire federal fee law and thus make it clearer and more user-friendly. Specialized federal laws and ordinances are to be relieved with regard to the law on fees by summarizing general regulations, creating a central authorization basis for the collection of fees and bundling the provisions of the specialist laws with regard to the facts of fees in uniformly structured special fee ordinances. The Federal Ministry of the Interior was the first federal ministry to issue its Special Fee Ordinance on October 1, 2019. The fee facts of the BPOL, the BDBOS, the BSI, the BfDI as well as the BKA and the BVA are bundled in it. The calculation of the fee rates was carried out by the Federal Statistical Office. The other federal ministries must have drawn up their special fee regulations by October 1, 2021.
In conjunction with the General Fee Ordinance, this enables a clear and manageable calculation of fees and strengthens the cost recovery principle. It aligns the law on fees, in a departure from the previous Administrative Costs Act, to the requirements of business principles.
Scope of regulation
The law authorizes the authorities of the Federal and federal corporations, institutions and foundations under public law for the collection of fees and costs for individually attributable to public services . The the federal authorities and the federal corporations, institutions and foundations under public law come here as fees faithful to that to pay the fees and expenses obligated as fees debtor . The law regulates the origin of the fee debt , the factual and personal exemption from fees, the assessment and determination of fees and their due date. With regard to the deferral , suppression and remission of fees claims it refers to the Bundeshaushaltsordnung . It provides for the issuance of fee regulations to specify the level of fees .
Changes to the Administrative Costs Act
In contrast to the previous Federal Administrative Costs Act, the Federal Fees Act is no longer linked to an official act by a federal authority as a charge-triggering offense, but to a so-called individually attributable public service by a federal authority or a federal corporation or institution. This means that only actions under public law that develop external effects are conceptually covered (see Section 3 (1) BGebG). The fee liability now arises when the fee-triggering service is terminated; the receipt of an application for services linked to the application is no longer relevant. The statute of limitations and the statute of limitations for collection are separated more clearly than before. The due date has been postponed from the announcement date to 10 days after the announcement of the fee setting, unless the authority specifies a later date.
Relationship to state law
In the absence of the federal government's legislative competence for the state authorities, the Federal Fees Act only applies at the federal level (cf. Art. 70, Paragraph 1, Art. 83 , Art. 85 , Art. 104a GG ). In the federal states, however, there are similar state fee laws and state administrative cost laws, some of which have been using comparable terminology for some time (cf. State Fee Act Baden-Württemberg or Thuringian Administrative Cost Act). The majority of the federal states are still based on the official act, albeit increasingly with the element of "individual imputability" (see Bavarian Costs Act or Hessian Administrative Costs Act). Apart from that, the regulations are largely identical in material terms. Thus, the law on fees is now largely aligned and consolidated with state and federal law.
Individual evidence
- ^ Law on the structural reform of the federal fee law
- ↑ Resolution recommendation of the Mediation Committee , on the website of the Bundestag, accessed on April 3, 2014
- ↑ Plenary minutes of the 910th meeting of the Bundesrat , p. 284 (D), on the Bundesrat website, accessed on April 3, 2014
- ↑ plenary session of the 243rd of the 17th Bundestag , p 30737 (D), on the website of the Bundestag, accessed on April 3, 2014
- ↑ a b c Fees: New federal law replaces law on administrative costs , Joachim Würth on the BaFin website , accessed on April 3, 2014
- ↑ BMIBGebV - Special Fee Ordinance of the Federal Ministry of the Interior, for Building and Home Affairs for individually attributable public services in its area of responsibility. Retrieved April 12, 2020 .
- ↑ Haider et al .: Determination of cost-covering fee rates - methodology and application . In: Federal Statistical Office (Ed.): Economy and Statistics . No. 5 . Wiesbaden 2019 ( destatis.de [PDF]).
- ^ Structural reform of the federal fee law. Retrieved April 16, 2020 .
- ↑ General Fee Ordinance of February 11, 2015 ( BGBl. I p. 130 , PDF)
- ↑ State Fees Act (Baden-Württemberg)
- ^ Thuringian Administrative Costs Act
- ↑ Costs Act (Bavaria)
- ^ Hessian Administrative Costs Act
