Formal administrative procedure

from Wikipedia, the free encyclopedia

The formal administrative procedure is a special procedure under German administrative law .

The Federal Administrative Procedure Act (VwVfG) contains, in Part V, Section 1 ( Sections 63 - 71 VwVfG), provisions on the formal administrative procedure. These regulations apply when reference is made to them in other laws, e.g. B. in § 21  SortSchG for the procedure before the testing departments and the objection committees of the Federal Plant Variety Office as well as in §§ 36 and 105  BBergG for the procedure on the allocation and the land assignment. In the federal states , ordinances for numerous administrative procedures regulated by federal law often refer to the provisions on the formal administrative procedure, for example in the ordinance on the formal administrative procedure of the State of Berlin. B. for the procedure for the prohibition of the exercise of a trade in the event of unreliability according to § 35  GewO , for the procedure for the prohibition of the operation of a public scales according to § 64b  EichO and for the procedure for the withdrawal of the legal capacity of associations according to § 43  BGB .

Formal administrative procedures in the broader sense are those whose procedural rules are regulated by special law, without referring to the procedure according to Section 63 VwVfG. Such methods are e.g. B. the expropriation procedure according to §§ 104 ff.  BauGB and the sample procedure according to § 19  WehrPflG.

The formal administrative procedure is of subordinate importance in administrative practice; The normal case is  the non-formal procedure according to § 10 VwVfG. In contrast, strict formal requirements apply in the formal administrative procedure . An application must always be made in writing. Those involved in the proceedings have numerous obligations based on the administrative court proceedings . The decision of the administrative authority must be preceded by an oral hearing. The decision must always be made in writing and justified. It is the parties deliver .