Determination interest
In the German legal system , one speaks of a determination interest, particularly in the case of administrative procedural interest in determination, § 43 Paragraph 1 VwGO :
Each legal, economic or ideological interests that the process economics of a plaintiff in a declaratory judgment ( § 43 requires Code of Administrative Procedure) with the aim of popular complaints ruled out.
The demands on the determination interest are not high, as the plaintiff will regularly succeed in demonstrating his legal interest in the judicial determination in his substantiated factual presentation .
For so-called " preventive declaratory actions", a qualified determination interest is required, with which the plaintiff must substantiate why he wants to obtain a preventive decision by the court. The reason for this can be seen in the administrative court system, which is geared towards repressive legal protection .
For declaratory actions that have a completed administrative act as their object, a special declaratory interest must be demanded in such a way that the completed administrative act still has to take effect, in particular in the form of a specific risk of repetition or a rehabilitation interest of the plaintiff. The reason for the increased requirements is that the guarantee of effective legal protection according to Article 19.4 of the Basic Law does not want to enable the clarification of abstract legal questions.
Individual evidence
- ↑ BVerwG , DVBl 2000, 636.
- ↑ VGH Munich , BayVBl. 1983, 434, 435.
