Evocation right
Right of evocation means:
- nowadays generally the right of higher political authorities to attract decisions from a lower decision-making level, in particular:
- in the area of the German public prosecutor's office, the right of the superordinate authority to take over (take over) a case and also to surrender it again (§§ 74a Abs. 2 GVG, § 120 Abs. 2 GVG, § 386 AO, Nr. 267 RiStBV)
- a right of the Senate of the Free and Hanseatic City of Hamburg in accordance with Section 1, Paragraph 4 of the Administrative Authorities Act (from 1952, last amendment 2015): “The Senate can issue instructions in general and in individual cases and deal with matters itself, even if a specialist authority or a district office is responsible. “Accordingly, the Senate can attract (evoke) all processes of subordinate administrative units at its own discretion. This includes the reversal of resolutions of the district assemblies.
- the right of superiors or line manager , a fact to employees delegated task to attract.
- historically the right of the medieval kings to bring a process to court (waiver of this right in the Golden Bull of Charles IV , 1356)
- the right of the highest service authority (government, magistrate, community board) in the employee representation right not to join a binding decision of an arbitration body in codetermination procedures, but to decide for themselves “if the decision in individual cases is an essential part of government power because of its effects on the common good is. "(Quotation from Section 71, Paragraph 5 of the Hessian Personnel Representation Act, similarly in other state personnel representation laws - but not in the Federal Personnel Representation Act)
See also
Individual evidence
- ↑ Hamburg Administrative Authorities Act , accessed on December 13, 2015.
- ↑ Article in the Hamburger Abendblatt , accessed on December 13, 2015.
