State Administrative Act (Schleswig-Holstein)
| Basic data | |
|---|---|
| Title: | General administrative law for the state of Schleswig-Holstein |
| Short title: | State Administration Act |
| Abbreviation: | LVwG |
| Type: | State Law |
| Scope: | Schleswig-Holstein |
| Legal matter: | General administrative law |
| References : | GS Schl.-H. II, equation no. 20-1 |
| Original version from: | April 18, 1967 ( GVOBl. Schl.-H. S. 131) |
| Entry into force on: | predominantly 1st January 1968 |
| New announcement from: | June 2, 1992 (GVOBl. Schl.-HS 243, ber.p. 534) |
| Last change by: |
Art. 1 Ges. April 5, 2017 (GVOBl. Schl.-HS 218) |
| Effective date of the last change: |
April 28, 2017 (G of April 5, 2017) |
| Please note the note on the applicable legal version. | |
The state administrative law codifies the administrative and administrative procedural law of the state of Schleswig-Holstein . It came into force in 1968 and served as a model and pacemaker for the other countries in West Germany .
History and meaning
Prime Minister Helmut Lemke wanted state law to be standardized . He initiated a public and political discussion. The explosive nature of the controversial proposal prompted the German Lawyers' Association to raise the subject for discussion at the 43rd conference in Munich in 1960. Fritz Werner , President of the Federal Administrative Court , asked Klaus von der Groeben for an opinion for the public law department. When it met under the chairmanship of Ernst Friesenhahn , v. the groeben to win a majority for the idea of codification against the votes of administrative science (represented by Werner Weber ) and administrative jurisdiction .
The state government took this as an opportunity for a legislative procedure ; however, another five years passed before the first draft bill. Carl Hermann Ule and especially Franz Mayer advised and supported v. the great. When presenting the bill in the parliament of Schleswig-Holstein was discussed and the Cabinet Lemke I urged early adoption, slowed down the opposition . As a rare exception at the time, a special state parliament committee was therefore formed. As a sign of its unwillingness, the SPD only sent members who had not emerged in the parliamentary group's work . It was thanks to the later Secretary of State for the Interior, Hans-Joachim Knack , “that the deliberations could be brought to a conclusion on time. With his convincing representations he was also able to explain the advantages of the draft to most of the left-wing members of the committee and to make them realize that the regulation of procedural law was intended to serve the protection of citizens ”.
The state administration law was only passed in the spring of 1967 (after von Groeben's retirement). In the (old) Federal Republic of Germany it was the first statutory regulation of the administrative procedure and important legal provisions of substantive administrative law. It served the other states and the federal government as a model for subsequent legislation.
literature
- Walter Klappstein, Georg-Christoph von Unruh : Rule of law administration through legislation. Origin and significance of the Schleswig-Holstein State Administration Act for constitutional administrative law . Series of publications by the Lorenz von Stein Institute for Administrative Sciences , XXII. Kiel 1987. ISBN 978-3-7685-4086-5
- Klaus von der Groeben , Hans-Joachim Knack: General Administrative Law for the State of Schleswig-Holstein, 1968 ff. (Comment)
- Jost-Dietrich Busch : The state administrative law as the focus of Schleswig-Holstein state law . Lorenz von Stein Institute for Administrative Sciences, Sources for Administrative History, Vol. 14, Kiel 1999.
- Philipp Eckert : Origin and meaning of the state administration law Schleswig-Holstein . Frankfurt a. M. 2017. ISBN 978-3-6317-1960-2
Web links
Individual evidence
- ^ A b Klaus von der Groeben: In the service for the state and community: Memories , 2nd edition. Lorenz von Stein Institute for Administrative Sciences at Christian-Albrechts-Universität, Kiel 1996, pp. 196–198.
- ^ Georg-Christoph von Unruh: Klaus von der Groeben 1902–2002 . Die Verwaltung 35 (2002), pp. 289-292.
