urgency
Urgency is the need to act in the short term. The urgency can result from a subjective assessment or it can be based on objective circumstances.
Process management
Urgent actions are directed towards the near future . When several urgent tasks compete with one another, a conflict of goals arises . Priorities must be set and a sequence must be determined ( scheduling ).
In the case of mass accidents, for example, protecting or saving human life is more important than securing valuables. If there is no possibility of meaningful action, then action is also not urgent. However, the difference is sometimes not noticeable.
There is a separate sequence planning in industrial production ( priority rule ), merchandise management ( First In - First Out ) or IT ( round-trip procedure ).
Jurisprudence
Urgency exists particularly in the case of imminent danger and is based on the fact that the status quo would irreversibly deteriorate after a certain period of waiting.
Urgent decisions justify a jurisdiction that deviates from the rule ( urgent jurisdiction ) and a special procedure or regulations with reservations such as the provisional administrative act or court orders without an oral hearing in the provisional legal protection with only a summary (rough) examination and simplified evidence requirements ( credibility ). The presence of urgency is checked ex officio and does not apply if the plaintiff is hesitant.
An interim injunction in the area of German competition law can according to Section 12 (2) UWG will be issued without a statement of urgency because the law presumes it is present , at least for a limited time.
The designation for social housing according to the Housing Binding Act is assessed in areas with increased housing needs according to social urgency. Pregnant women, families and other households with children, young married couples, single parents with children, the elderly and the severely disabled must be given priority.
The priority processing of information in accordance with the Stasi Records Act is regulated in Section 12 (3) StUG.
In public procurement law , in cases of particular urgency, the contract may be awarded by hand without a public tender. One example is the procurement of sandbags for the 1997 flood of the Oder .
In the Swiss Confederation, one speaks of urgency law when a federal body ( Federal Assembly or Federal Council ) can provisionally enforce the law in an accelerated process because of temporal urgency before the higher-level body (people or Federal Assembly) can make a final decision.
See also
literature
- Niklas Luhmann : The scarcity of time and the urgency of the limited. In: Die Verwaltung , 1, 1968, pp. 3-30.
Web links
Individual evidence
- ^ LG Halle, judgment of June 1, 2012 - 2 O 3/12
- ↑ OLG Cologne, judgment of January 29, 2010 - 6 U 177/09
- ^ LAG Düsseldorf, judgment of September 19, 2012 - 12 SaGa 17/12
- ↑ OLG Hamm, judgment of May 3, 2011, Az. 4 U 9/11 = BeckRS 2011, 16745; OLG Frankfurt am Main from May 31, 2010, Az. 6 W 50/10 = GRUR-RR 2011, 66
- ↑ Niklas Plutte: Presumption of urgency in the scope of the UWG , accessed on March 17, 2016
- ↑ Bettina Clefsen: The presumption of urgency in competition law to OLG Düsseldorf, judgment of May 28, 2015 - I-2 U 8/15. August 26, 2015
- ↑ cf. for example Art. 5 Clause 3 Bavarian Housing Binding Act - BayWoBindG
- ↑ VG Munich, judgment of December 18, 2014 - 12 K 14.2834
- ↑ Federal Ministry of the Interior : Information on the procurement law for grant recipients ( Memento of the original from June 25, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF) Status: August 14, 2013
- ↑ Circular on awarding without prior call for competition / urgency (PDF) Federal Ministry for Economic Affairs and Energy , January 9, 2015
- ↑ Malte Müller-Wrede: GWB procurement law . 2nd Edition. Werner Verlag, 2014, ISBN 978-3-8041-4359-3
