State Administrative Procedure Act

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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