Competence conflict

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A conflict of jurisdiction (also known as a conflict of jurisdiction ) is a conflict between different authorities about who is responsible for the same matter: several authorities consider themselves responsible ( positive conflict of authority ) or not responsible ( negative conflict of authority ).

Germany

In Germany in the 19th century, the distinction between ordinary court matters and administrative matters was particularly relevant: there was no comprehensive individual legal protection for the latter . The basic competence-competence of the ordinary courts was limited by the fact that the administrative authorities of the countries in conflict decision competence courts could call ( § 17 GVG a. F.).

With the introduction of comprehensive legal protection under administrative courts after the Second World War (see general clause in § 40 VwGO ), the question shifted: the question was no longer whether a court could be called on, but which branch of the court was responsible. The Joint Senate of the Supreme Courts of Justice of the Federation ultimately decided on this from time to time .

In 1991 the question of legal recourse was re-regulated: since then, the court first dealing with the matter decides, if necessary by referral , which is binding with regard to legal recourse ( Section 17a GVG ).

The same applies within the same branch of jurisdiction for labor, administrative, social and financial courts for questions of factual or local jurisdiction. For the rest, the next higher court decides within the same branch of jurisdiction.

Questions of responsibility in the area of ​​the administrative authorities are decided through administrative channels by jointly higher authorities. In social law, the service provider first approached can provide provisional benefits ( Section 43 SGB ​​I ).

Individual evidence

  1. ↑ Section 17 (2) GVG in the version from 1879 to 1960, Section 17a GVG in the version from 1960 to 1991
  2. ↑ Law on the new regulation of the administrative court procedure (fourth law on the amendment of the administrative court order - 4th VwGOÄndG) of December 17, 1990 ( Federal Law Gazette I p. 2809 ); Draft and reason: BT-Drs. 11/7030
  3. ↑ Section 48 (1) ArbGG , Section 83 VwGO , Section 98 SGG , Section 70 FGO
  4. ↑ § 36 ZPO , § § 14 , 19 StPO , § 53 VwGO , § 58 SGG , § 39 FGO
  5. ↑ on the priority of the binding reference, see for example BVerwG , decision of June 27, 2013 (8 AV 2.12)
  6. ↑ on the local jurisdiction § 3 Abs. 2 VwVfG