Performance management
Benefits management refers to a type of public administration that provides benefits to citizens and other legal entities . These can be of a property law and non- property law nature.
scope of application
Property law benefits are cash benefits and benefits in kind, which are usually in the foreground in the public perception (examples: social assistance , unemployment benefits). Non-property law services also include many public services of general interest , which are usually not perceived as direct services of the state, municipal or other public administration, for example the operation of schools, libraries and museums or the construction and maintenance of infrastructure such as roads , Squares and public buildings, public transport or the public water supply.
The current legal political tendency is that of transferring performance tasks to private individuals. In the area of services of general interest , the state has at least the task of guarantee administration .
As a rule, the term performance management is not used to characterize a specific action, but rather to designate or emphasize the “performing” aspect of administrative action in general. The opposite term to this is intervention management .
The principle of the reservation of the law has only limited validity for the administration of benefits and is very controversial, especially when granting subsidies.
Legal design options
Performance management can be regulated in one stage under public law , for example by means of an administrative act or by means of a public law contract . On the other hand, performance management can also be agreed in one step under private law , usually when granting loans or when assuming liability in the form of guarantees . Ultimately, it can come into play under a mixed contract and in two stages, in that the public law decision on the “whether” is decided by an administrative act and the processing of the granting of benefits, ie the “how”, by drafting contracts under private law. In this context, the so-called two - stage theory is used.
Special legal norms can be considered as the basis for claims (taking into account the observance of fundamental rights); administrative regulations or the budget may also be relevant; Due to the fact that it is also subject to public law, the benefit administration is in the light of the principle of equality ( Art. 3 Paragraph 1 GG), unless, as an exception, coverage through the welfare state principle ( Art. 20 Paragraph 1 GG) is required.
The procedural enforcement of claims takes place differently depending on the form chosen. One-stage public law forms of organization are to be negotiated before the administrative court, one-stage private law forms can be found in the civil courts . Related proceedings split up depending on the subject matter of the dispute.
literature
- Hendrik Gröttrup: The communal service administration: Basics of communal services of general interest , Volume 37 of series of publications by the Verein für Kommunalwissenschaften, Verein für Kommunalwissenschaften (Germany), W. Kohlhammer, 1973, ISBN 978-3-171-40051-0 .
- Günter Püttner: Handbook of communal science and practice , Volume 1 (Basics), Springer Verlag Berlin Heidelberg GmbH, 1981, ISBN 978-3-662-11968-6 .
- Wolfgang Schenk: Structures and legal issues of community benefit management , Jus Internationale et Europaeum, Mohr Siebeck 2006, ISBN 3-16-149002-9 .
Individual evidence
- ↑ a b Bettina Plöger-Heeg, Marita Hasebrink: General Administrative Law . Kommunal- und Schul-Verlag, Wiesbaden 2015, pp. 22-23 ISBN 978-3-8293-1181-6
