Hanging decision

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A suspension decision , even sliding closing or interim order referred to in the system of interim measures , a resolution related interim arrangement that was made before the end of the urgent procedure by the court to fix a state provisional basis pending completion of the urgent procedure.

The legal basis is directly Article 19, Paragraph 4 of the Basic Law , embodied in simple law in administrative procedural law in Section 123 VwGO , in civil proceedings, for example, in Section 173, Paragraph 1, Clause 3 GWB and for the Federal Constitutional Court in Section 32 of the BVerfGG .

It is true that in proceedings for interim legal protection, the speed-up requirement must be observed. However, if, taking into account the fundamental rights of the parties involved, in particular the fundamental right to effective legal protection , the urgent procedure would take too long and irreversible damage for the applicant cannot be averted otherwise, it may be necessary in individual cases to make a decision before the urgent procedure is concluded in order to weigh up the consequences to issue, with which a situation is provisionally regulated (so-called express-urgent legal protection).

Such a hanging decision may be necessary, for example, if an authority refuses without reason to waive enforcement measures during interim legal protection proceedings. In this case, enforcement can be suspended until the urgent proceedings have been concluded.

literature

  • Sebastian Krull: The "hanging decision" in the system of provisional legal protection of the administrative court order . Publishing house Dr. Kovač, Hamburg 2016, ISBN 978-3830090991 . Review by Robert Gmeiner, ZVR-Online Doc. No. 2/2017

Individual evidence

  1. ↑ Schenke, in Kopp / Schenke, Comment VwGO, § 80 Rn. 170
  2. ↑ Kopp / Schenke, VwGO Commentary, 13th edition, § 123, marginal no. 29
  3. ↑ Suspension decision in urgent proceedings for the transfer of an official from the Lower Saxony Higher Administrative Court, decision of September 2, 2014 - 5 ME 142/14, rechtslupe.de, accessed on September 12, 2018
  4. ↑ Sebastian Conrad: Düsseldorf Higher Regional Court: No reduction in court fees if a complaint is withdrawn after a hanging decision in the urgent procedure on October 9, 2017
  5. ↑ BVerfG, decision of October 11, 2013, AZ 1 BvR 2616/13
  6. ↑ § 57 Provisional Legal Protection / II. "Eil-Eil-Rechtsschutz": Interim decision / "Suspension decision" haufe.de, accessed on September 12, 2018