Tolerate and liquidate

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Tolerate and liquidate is originally the general Prussian Law -related legal principle , the capabilities of the citizen against the state describes. The pair formula comes from the legal scholar Otto Mayer , who summed up the legal position of the citizen in relation to the authoritarian state .

"Since nothing is done against the state itself and the tax authorities cannot do more than pay, all guarantees of civil liberty in the police state boil down to the sentence: tolerate and liquidate ."

- Otto Mayer : German administrative law. Vol. 1. Leipzig, 1895.

When the general land law for the Prussian states (PrALR) was enacted in 1794 , the society was at the transition from the estates to liberalism . The specified in §§ 74 and 75 PrALR commitment of the authorities , the citizens for special victims a compensation to be paid, presented at this time a significant improvement over the former ruler's sovereignty . In the following years this practice was first as customary law by the Supreme Court and later Taken over by the Federal Court of Justice until the Federal Constitutional Court in 1981 established the priority of primary legal protection, which is still valid today, in the wet pebbles decision . In accordance with the principle of subsidiarity , this principle obliges the citizen to defend himself against state interference in court by means of the administrative court before he can assert a right to sacrifice . Nowadays, "tolerate and liquidate" is increasingly used as a winged word with a derogatory meaning .

Individual evidence

  1. ^ A b Otto Mayer : German administrative law. First volume, Leipzig, 1895, ( digitized and full text in the German text archive )
  2. ^ A b André Niesler: "Sacrifice" and "Expropriation" from the ALR to the WRV. In: Institute for Legal History Hagen: Yearbook of Legal History. Volume 8 2006/2007, ISBN 978-3-8305-1471-8 ( full text in the Google book search.)
  3. ↑ General land law for the Prussian states of June 1, 1794, introduction ( full text at OpinioIuris: The free legal library ).
  4. ^ Wilhelm Merk: German administrative law. First volume, Duncker & Humblot Berlin, 1962, ISBN 978-3-428-01024-0 ( full text in the Google book search.)
  5. ^ Karl-Edmund Hemmer, Achim Wüst: E-book State Liability Law. 5th edition 2018, ISBN 978-3-86193-741-8 ( online as reading sample ).
  6. ^ A b Thomes Pfeiffer: State liability for property encroachment, accessed on April 27, 2019.
  7. ↑ Hermann Pünder : “Tolerate and liquidate” in public procurement law? For the necessary primary legal protection below the threshold values. In: Procurement Law. Volume 16, edition 6, pp. 693-701, ISSN 2366-2247 (online), ISSN 1617-1063 (print), doi: 10.1515 / zgvr-2016-0604 .   
  8. ^ Karl-Peter Sommermann (ed.), Bert Schaffarzik (ed.): Handbook of the history of administrative jurisdiction in Germany and Europe. Springer-Verlag Berlin Heidelberg, 2019, eBook ISBN 978-3-642-41235-6 , hardcover ISBN 978-3-642-41234-9 , doi: 10.1007 / 978-3-642-41235-6 ( full text in Google -Book search.)
  9. ↑ So, for example, often in the legal materials and statements on legal protection in excessively long court proceedings and criminal investigations .