State Administrative Procedure Act
In the German legal literature, the law governing the administrative procedure of the authorities of the German federal states (including the authorities of the districts and municipalities and other state-direct institutions , corporations and foundations under public law ) is referred to as the State Administrative Procedure Act . However, the official name is mostly different.
Relationship to the Federal Administrative Procedure Act
The respective State Administrative Procedure Act stands on an equal footing with the Federal Administrative Procedure Act (VwVfG) from 1976 and, like this, regulates the administrative procedures of the authorities. Originally, the federal legislature had intended, in exhaustion of its legislative competence, that whenever state authorities apply federal law, the Federal Administrative Procedure Act applies ( Section 1 (2) VwVfG). However, since both substantive federal law and substantive state law are often to be applied in administrative proceedings, this requirement would have presented the states with insoluble logistical problems.
At the political level, a compromise was finally reached: If the state also enacts an administrative procedure law, this also applies to the implementation of federal law ( Section 1 (3) VwVfG). At the same time, it was agreed at the political level that the state administrative procedural laws to be passed by the states largely correspond literally with those of the federal government and also bear the same paragraph names. All Länder complied with this with effect from January 1, 1977. So true § 35 VwVfG with the definition of administrative act consistent literally in § 35 Hessian Administrative Procedure Act. Only in Schleswig-Holstein has there been a slight deviation from this system. Since Schleswig-Holstein already had a very comprehensive state administrative procedure law before the Federal VwVfG came into force (which also contains regulations on police law and administrative enforcement law), this was only amended in wording, not in number, when the Federal VwVfG came into force. The definition of the administrative act is therefore now in Section 106 of the Schleswig-Holstein State Administration Act, but its content corresponds to that of Section 35 VwVfG.
If the federal government changes its VwVfG, the federal states usually follow suit for their area a short time later.
New tendencies
As early as 1977, others later, some federal states refrained from re-promulgating the wording of the Federal VwVfG with changes required by the state as a state administrative procedure law. They also have a state administrative procedure law. However, this often only contains a dynamic reference to the Federal VwVfG, which is also intended to apply to the state administrative procedure ("... the federal administrative procedure law in its currently valid version applies to the public administrative activities of the state authorities ..." ). In the mostly few follow-up provisions, only the specifics under national law are then regulated. In this way, the state legislature saves itself having to trace changes to the Federal VwVfG in state law.
Administrative procedural laws of the federal states
- Administrative Procedure Act for Baden-Württemberg (State Administrative Procedure Act - LVwVfG) in the version published on April 12, 2005 ( Journal of Laws p. 350), last amended by the law of December 17, 2009 ( Journal of Laws p. 809)
- Bavarian Administrative Procedure Act (BayVwVfG) of December 23, 1976, last amended by Art. 9a Para. 1 Bavarian E-Government Act of December 22, 2015 (GVBl. P. 458)
- Law on the procedure of the Berlin administration (VwVfG) (PDF; 20 kB) of December 8, 1976 (GVBl. P. 2735, 2898), last amended by law of June 19, 2006 (GVBl. P. 573)
- Administrative Procedure Act for the State of Brandenburg (VwVfGBbg) of 7 July 2009 (GVBl. P. 262)
- Bremen Administrative Procedure Act (BremVwVfG) as published on May 9, 2003 (Brem.GBl. P. 219), last amended by the law of November 3, 2009 (Brem.GBl. P. 446)
- Hamburg Administrative Procedure Act (HmbVwVfG) of November 9, 1977 (GVBl. P. 333, 402), last amended by the law of December 15, 2009 (GVBl. P. 444)
- Hessian Administrative Procedure Act (HVwVfG) as published on January 15, 2010 (GVBl. I p. 18)
- Administrative Procedure, Service and Enforcement Act of the State of Mecklenburg-Western Pomerania (State Administrative Procedure Act - VwVfG MV) in the version of the notice of February 26, 2004 (GVOBl. MV p. 106), last amended by the law of 9 April 2015 (GVOBl. MV P. 110)
- Lower Saxony Administrative Procedure Act (NVwVfG) of December 3, 1976 (Nds. GVBl. P. 311), last amended by law of September 24, 2009 (Nds. GVBl. P. 361)
- Administrative Procedure Act for the State of North Rhine-Westphalia (VwVfG NRW) in the version of the new announcement of November 12, 1999 (GV.NRW. P. 602), last amended by the law of December 17, 2009 (GV, NRW. P. 861)
- State Law on Administrative Procedure in Rhineland-Palatinate - State Administrative Procedure Law (LVwVfG) of December 23, 1976 (GVBl. P. 308), last amended by the law of October 27, 2009 (GVBl. P. 358)
- Act No. 1056 - Saarland Administrative Procedure Act (SVwVfG) of December 15, 1976 (Official Gazette p. 1151), last amended by the Act of March 16, 2010 (Official Gazette, p. 64)
- Law regulating administrative procedural and administrative delivery rights for the Free State of Saxony (SächsVwVfZG) of May 19, 2010 (SächsGVBl. P. 142)
- Administrative Procedure Act Saxony-Anhalt (VwVfG LSA) of November 18, 2005 (GVBl. LSA p. 698)
- General administrative law for the state of Schleswig-Holstein (Landesverwaltungsgesetz - LVwG) in the version published on June 2, 1992 (GVOBl. Schl.-HS 243, ber. P. 534), last amended by the law of April 24, 2012 (GVOBl . Sch.-HS 530)
- Thuringian Administrative Procedure Act (ThürVwVfG) (PDF; 596 kB) as amended on August 18, 2009 (GVBl. P. 699), last amended by the law of September 9, 2010 (GVBl. P. 291)