Federal Administration (Germany)
The federal government called in Germany the authorities and federal institutions that are entrusted with the implementation of federal affairs.
The implementation of federal laws is in principle incumbent on the states ( Art. 83 GG), exceptionally according to Art. 86 GG the federal government.
Administrative skills
The administrative competence for the execution of federal laws by the federal government (federal administration) relates only to the areas enumeratively specified in Art. 87 to Art. 89 GG .
Separation principle
The administrative responsibilities of the federal and state governments are fundamentally separate. Co-decision-making or cooperation between federal and state administrations should be avoided in a federal state. Exceptionally, so-called mixed administration is only permitted when performing joint tasks ( Art. 91a to Art. 91e GG) . A cooperative collaboration in an area that requires the pooling of the available expertise at federal and state level as well as close coordination of the administrative decisions to be made is, however, harmless. One example is the coordinated decisions on the protection of minors by the Federal Inspectorate for Media Harmful to Young People and the Commission for the Protection of Young People in Media (KJM).
Administrative bodies
Immediate federal administration
The direct state administration at the federal level exerted by Supreme federal agencies such as the Federal government departments and the Federal Court , and federal agencies , such as the Federal Office for the Protection of the Constitution , the Federal government office or Bundeskartellamt without their own administrative substructure, federal funding agencies (for example, the water and shipping Directorate ) and sub authorities , for example the Hauptzollämter . The General Customs Directorate , founded in 2016, is an exception to this and has replaced the previous intermediate authorities of the Federal Tax Administration . Although it is considered a higher authority , it has its own substructure with the main customs offices and customs investigation offices . The Foreign Service , the Federal Armed Forces , the administration of the federal highways and shipping as well as the Federal Finance Administration are run as a federal administration with its own administrative substructure.
Indirect federal administration
The indirect state administration at the federal level by legal persons of public law , in particular direct federal corporations , institutions , foundations and Beliehenen exercised.
Procedural law and costs
The Administrative Procedure Act applies to the public administration activities of the federal administration bodies . Fees for individually attributable public services are charged in accordance with the Federal Fees Act (BGebG).
literature
- Philipp Reimer : 5 minutes on administrative structure: a short introduction to the organizational law of the federal and state governments . In: Bonner Rechtsjournal . Special edition, no. 1 , 2018, p. 10-14 ( PDF ).
- Volker Busse: Development of the federal administration. In: Klaus König, Heinrich Siedentopf (ed.): Public administration in Germany. 2nd edition 1997, Baden-Baden: Nomos-Verlag, pp. 123-144.
Individual evidence
- ↑ BVerfGE 63, 1
- ^ Rainer Hofmann : Constitutional Law I. § 26 Implementation of the Federal Laws and Federal Administration University of Frankfurt am Main , 2012
- ↑ State law-related cooperation and coordination of the Saarbrücken Library, accessed on March 6, 2016.
- ^ Iryna Spektor: Immediate federal administration
- ↑ Manfred Klein: Definitions: What is or what does the Federal Office of Administration do? 1st December 2017.
- ^ Iryna Spektor: Indirect Federal Administration
