State administration
The state administration is that part of the public administration that is carried out by the authorities and administrative bodies of the states . The state administration is the rule in Germany. Administration at the federal level (federal administration) only takes place in exceptional cases.
The state administration or senate administration (in the city-states ) is located with the state governments . It fulfills the tasks which, according to the competencies of the Basic Law, are fulfilled neither by the federal administration nor by the local administration ( municipalities and districts ) in their own sphere of activity .
Administrative bodies
The direct state administration is usually structured in three levels and is carried out by the highest state authorities and higher state authorities at the top level, state middle authorities at the middle and lower state authorities at the lower administrative level.
The indirect state administration is carried out by legal entities under public law ( corporations , institutions , foundations under public law ) and the lent .
Administrative skills
In addition to the implementation of state laws (state self-administration in the narrower sense), the states also have the administrative competence to implement federal laws ( Art. 83 GG).
State administration
When executing federal laws as a separate matter (state administration in the broader sense), the states also regulate the establishment of the authorities and the administrative procedure through state law ( Art. 84 (1) sentence 1 GG). However, the Federal Government can, with the consent of the Bundesrat, issue general administrative regulations (Art. 84 (2) GG). The administrative responsibilities of the federal and state governments are fundamentally separate and must be carried out with their own staff, their own material resources and their own organization. They only allow a so-called mixed administration when performing joint tasks ( Art. 91a to Art. 91e GG) in exceptional cases .
The federal government exercises legal supervision over the states. The Federal Constitutional Court decides on differences of opinion between the federal government and a state in the federal-state dispute (Art. 84 (4) GG, § 13 No. 7, §§ 68, 64 ff. BVerfGG ). To enforce law enforcement, the federal government can apply federal compulsion ( Art. 37 GG).
Order management
When executing federal laws on behalf of the federal government, the establishment of the authorities remains a matter for the states. However, the states are bound by instructions and are subject to the legal and technical supervision of the federal government ( Art. 85 GG). According to the principle of loyalty to the federal government, however, the federal government has to take sufficient account of the interests of the federal states and to announce an impending instruction and give the federal state the opportunity to comment.
Contract matters include, for example, cash benefits laws such as the Federal Parental Allowance Act , the Federal Training Assistance Act and the Housing Allowance Act , in which the federal government bears at least half of the expenditure ( Article 104a, Paragraph 3, Sentence 2, Basic Law).
Other items are:
- Federal motorways and other trunk roads (Article 90, Paragraph 2, Basic Law)
- Federal waterways upon request and for the territory of a state (Article 89, Paragraph 2, Sentence 3, Basic Law)
- Aviation Administration, as far as provided by federal law (Art. 87d (2) GG)
- the taxes that accrue to the federal government in whole or in part but are administered by state tax authorities (Art. 108 para. 2, 3 GG)
- Defense including civil protection in accordance with federal law (Art. 87b (2) GG)
- Execution of laws on the generation and use of nuclear energy and on radiation protection, as far as provided by federal law (Art. 87c GG)
- Load equalization matters (Art. 120a GG)
literature
- Philipp Reimer : 5 minutes on administrative structure: a short introduction to the organizational law of the federal and state governments . In: Bonner Rechtsjournal . Special edition, no. 1 , 2018, p. 10-14 ( PDF ).
- Martin Frank: Development of the state administration. In: Klaus König, Heinrich Siedentopf (ed.): Public administration in Germany. 2nd Edition. 1997, Baden-Baden: Nomos-Verlag, pp. 145–164.
Web links
- Dagmar Richter: "Staatsrecht I", No. 8 Administration University of the Saarland , 2014
Individual evidence
- ↑ Overview of the state organization laws of the federal states
- ↑ BVerfG, judgment of October 7, 2014 - 2 BvR 1641/11
- ^ Organstreit proceedings website of the Federal Constitutional Court, accessed on March 5, 2016
- ↑ Bundesrechnungshof : 2013 Leitsatz 01/03 Appropriate federal supervision of the execution of cash benefit laws by the states, updated on January 22, 2016
- ↑ cf. Helmut Rüßmann : Executive (1) Administrative Forms Introduction to Law, 1994
- ↑ BVerfGE 81, 310 ff. (Kalkar); BVerfGE 84, 25 ff. (Konrad shaft); BVerfGE 100, 249 ff. (Atomic guidelines); BVerfGE 104, 249 ff. (Biblis)
