Establishment (law)
Establishment refers to the creation of an institution in German law . These can be public bodies (e.g. authorities and courts ) as well as institutions such as databases .
Public bodies
Basically, the authority to set up public bodies lies with the respective regional authority .
The federal government may only set up administrative authorities in accordance with the cases specified in Section VIII of the Basic Law (GG). They may only be established by or on the basis of a formal law . If they are established on the basis of a law, they are established by means of an organizational decree . This can also regulate details such as headquarters , service and technical supervision as well as structural organization . Based on the departmental principle , these are administered by the Federal Ministry (Germany) . The Federal Chancellor determines, within the framework of his authority to issue guidelines , the establishment, responsibility and designation and the federal ministries.
The authorization to set up military agencies results from Section 87a (1) sentence 1 of the Basic Law. The main features of the organization must be derived from the budget . They are therefore subject to the approval of the German Bundestag .
The federal courts that the Federation may establish are conclusively named in Section 95 (1) and Section 96 of the Basic Law. These are the Federal Court of Justice , the Federal Administrative Court , the Federal Fiscal Court , the Federal Labor Court and the Federal Social Court . In addition, there is a federal court for matters of commercial legal protection ( Federal Patent Court ; Section 96 (1) of the Basic Law), military criminal courts ( Section 96 (2) of the Basic Law) and federal courts to decide in disciplinary proceedings and appeal proceedings for persons who are employed by him under public law ( Federal Disciplinary Court , Federal Disciplinary Chambers , Federal Disciplinary Court , Military Service Courts ).
In North Rhine-Westphalia, for example, state authorities are set up according to the state organization law.
Other institutions
The National Arms Register , the Right-Wing Extremism File and the Counter-Terrorism File have been established by law .
Individual evidence
- ^ Organizational decree for the establishment of the Federal Highway Authority. Federal Ministry of Transport and Digital Infrastructure , October 1, 2018, accessed on May 8, 2020 .
- ^ Law on the organization of the state administration - State organization law - LOG NRW. State of North Rhine-Westphalia , July 10, 1962, accessed on May 8, 2020 .
