Fiscal application of fundamental rights

from Wikipedia, the free encyclopedia

The binding of the state to the fundamental rights in the context of private sector administration is called the fiscal application of basic rights .

The state is also overpowering in non-sovereign actions towards individuals, which is why it is also bound by fundamental rights in private business administration. This is to prevent the state from evading them by choosing non-sovereign forms of execution. The state does not have to act sovereignly in such a way that the individual can defend himself against encroachments on fundamental rights . Self-binding laws of local authorities can grant everyone a subjective right under which, under certain conditions, an actionable claim exists.

For example, the state has an obligation of equal treatment when granting subsidies by contract .

This also leads to administrative private law , which, not in the form of positive law , but as general private law norms, guarantees the individual legal protection in the area of ​​private sector administration and limits the power of the de facto overpowering state in actions in which it is formally equal to the individual. Keyword: No escape into private law.

supporting documents