Public hearing

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A public hearing is a generally non-public appointment to discuss the matter and the dispute with those involved in court or administrative proceedings. No decision on the matter is made in the public hearing.

In civil procedure law, the term quality appointment is common ( Section 278 ZPO , Section 54 ArbGG ).

Administrative court proceedings

A public hearing can be scheduled in the preparatory administrative court proceedings to discuss the state of affairs and the dispute and to settle the legal dispute amicably ( Section 87 (1) sentence 2 no. 1 VwGO , Section 106 (3) no. 7 SGG , Section 79 (1) Sentence 2 No. 1 FGO ). All parties involved in the legal dispute are invited to the appointment , i. H. the plaintiff , the defendant , the summoned party and the representative of the public interest ( § 63 No. 1–4 VwGO). The public hearing is public. If it is continued as an oral hearing, the public must be established. The meeting is held by the chairman or the rapporteur .

If there is no agreement in the form of a settlement, a withdrawal of the action or an acknowledgment at this hearing , the proceedings will be continued. As a rule, the hearing is followed by an oral hearing, which is followed by a decision by judgment ( Section 101 (1), Section 107 VwGO).

Administrative procedure

The public hearing is part of the hearing procedure under planning approval law ( Section 73 (6 ) VwVfG ). The object and purpose is to discuss the objections raised in good time by objectors to a plan as well as the statements made by associations and authorities entitled to take legal action . In addition, the applicant explains his plans and answers open questions. As far as possible, a balance should be achieved between the concerns of the objectors and the sponsoring public concerns on the one hand and the interests of the developer on the other.

Discussion meetings are not public ( Section 68 (1) Sentence 1 VwVfG analogously) and, apart from objectors, only accessible to those affected, legal representatives, authorized representatives and representatives of those entitled to participate, employees of the authorities and representatives of the applicant. The negotiator can allow other persons to be present if no one involved objects. The schedule is determined by the agenda. A record is made of the hearing, which is sent to the participants or authorized representatives after the appointment. It should also be noted whether the objections raised will continue to be upheld or whether they have been resolved through the discussion.

The hearing authority issues an opinion on the result of the hearing procedure and forwards it to the plan approval authority after the discussion has ended ( Section 73 (9 ) VwVfG ).

A public hearing can be held before an immission control permit is issued ( Section 10 (6) BImschG, Sections 14–19 9th BImschV ).

Web links

Individual evidence

  1. ↑ Discussion meeting Justizportal Hamburg, accessed on April 14, 2020.
  2. ↑ BVerwG, Buchholz 310 § 133 VwGO No. 82; Buchholz 310 § 87 VwGO No. 8; Eichberger in Schoch / Schneider / Bier, VwGO, § 138 Rn. 122 (as of September 2003); Winkelmüller / van Schewick in Gärditz, VwGO, 2013, § 138 Rn. 35; Suerbaum in Posser / Wolff, VwGO, 2nd edition, § 138 Rn. 73
  3. ↑ BSG, judgment of March 28, 2000 - B 8 KN 7/99 R with comment by Paul-Arthur Zeihe
  4. ↑ cf. For example, VG Munich, judgment of 20 January 2017 - M 6 K 16.4525
  5. ↑ cf. BVerwG, judgment of June 16, 2016 - 9 A 4.15
  6. ↑ cf. Discussion meeting for project 5, Section D Federal Network Agency , accessed on April 14, 2020.
  7. ↑ Information on the hearing of the Cologne District Government, accessed on April 14, 2020.
  8. ↑ Plan approval procedure - consultation procedure. Discussion meeting of the Senate Department for the Environment, Transport and Climate Protection , accessed on April 14, 2020.
  9. ↑ Philipp Heinz: Discussion meeting in the immission control procedure Retrieved on April 14, 2020.