Lex Schuierer

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Lex Schuierer is the unofficial name for the law amending the Bavarian Administrative Procedure Act (BayVwVfG) of July 23, 1985. With effect from August 1, 1985, Art. 3a BayVwVfG regulates the so-called self- involvement of the supervisory authorities to replace the otherwise competent Authority, in particular a district office, to take action externally.

Until then, it was common, recognized practice of the supervisory authority in the area of ​​state administrative action to take matters into their own hands and take decisions instead of the subordinate state authority . But the Bavarian Administrative Court decided in March 1977 that jurisdiction regulations according to Article 77, Paragraph 1, Clause 1 of the Bavarian Constitution require an express legal basis. Such a legal basis should be created with Art. 3a BayVwVfG. Up until then, there was only an express right to supervise and issue instructions .

history

The regulation that does not exist nationwide in any other state administrative procedure law was passed in 1985 by the Bavarian state parliament with the votes of the CSU . The aim was "regardless of the resistance of District Administrator Schuierer von Schwandorf to enable the German Society for the Reprocessing of Nuclear Fuels (DWK) to build the planned Wackersdorf reprocessing plant ." is legally enforceable. "

In September 1984 Schuierer had initially refused to publicly display the development plan for the WAA site in the Taxölden Forest , citing his right of remonstration as a municipal electoral officer , but gave in on instructions from the Bavarian Ministry of the Interior. The plan was approved by the government of the Upper Palatinate in April 1985 . After Schuierer himself and his deputy Dietmar Zierer had refused to grant the building permit despite instructions, the government of the Upper Palatinate came into force after the Lex Schuierer came into force in October 1985. She had the WAA files sent to her so that she could decide for herself. On October 29, 1985, the government of the Upper Palatinate granted the water and building permits for the construction of the WAA. The first partial construction permit under nuclear law, which included the fencing of the building site, the construction of the fuel element input store and the construction pit for the main process building, had already been granted in September 1985 by the Bavarian Minister for the Environment, Alfred Dick .

The disciplinary proceedings initiated against Schuierer in May 1986 were not closed until April 1989. He described the actions of the Strauss government as " democrature ".

The Lex Schuierer met today, "theoretically a new purpose: district administrators, the delicate decisions for political or electoral reasons, prefer to postpone a higher court, she gives a scapegoat - the evil 'Free State or, stubborn' ministers for example."

Legal text

Self entry

(1) If a state authority does not comply with a written instruction from the supervisory authority in due time, the head of the supervisory authority can act in place of the assigned authority (self-entry).

(2) Self-involvement with a district office as a state authority is only permitted if the competent minister considers immediate action to be necessary in individual cases for important reasons of public welfare, in particular in cases of supra-local or national importance, and declares this to the supervisory authority.

The list in paragraph 2 is not exhaustive; self-entry is legally permissible in other cases in which immediate action appears necessary for important reasons of the public good.

Web links

Individual evidence

  1. ↑ GVBl. P. 269
  2. ^ Self-entry of the supervisory authorities Joint announcement of the Bavarian State Ministries of September 9, 1985 Az .: IA1-1011.1 / 3
  3. ↑ cf. Decision of the BayVGH of March 29, 1977, BayVBl. 1977, p. 503.
  4. ↑ Draft law by MPs Tandler, Diethei, Gastinger, Zeitler and the CSU parliamentary group to amend the Bavarian Administrative Procedure Act, Bavarian State Parliament, Drs. 10/5486 of December 10, 1984.
  5. ↑ Bayerischer Landtag, plenary protocol 10/66 of December 12, 1984, p. 3712; First reading of the draft law amending the BayVwVfG.
  6. ^ Controversial law - The legacy of Wackersdorf , Süddeutsche Zeitung of November 2, 2018.
  7. ↑ cf. Art. 32 Law on municipal electoral officers (Municipal Election Officials Act - KWBG) of July 24, 2012, GVBl. P. 366; 2014 p. 20.
  8. ↑ From Gorleben to Wackersdorf. Chronicle of a "national" WAA Mittelbayerische Zeitung , documentation. Reprint of the special supplement to the edition of July 25, 1989, p. 2 ff.
  9. ↑ The first step towards phasing out nuclear power. 25 years of construction halt at WAA Wackersdorf. The Free State, series of publications by the SPD parliamentary group in the Bavarian State Parliament 2014, p. 15.
  10. ^ Also a dictatorship - the dispute over the planned reprocessing plant in Wackersdorf concerns the highest courts of Bavaria and the Federal Republic. In: Der Spiegel from November 4, 1985.
  11. ^ The state versus Hans Schuierer , Die Welt, September 21, 2018.
  12. ↑ The legacy of Wackersdorf - the planned reprocessing plant once provoked a popular uprising in the Upper Palatinate. Nothing came of the nuclear factory, but a questionable law still applies today. In: SZ of November 2, 2018.
  13. ↑ Art. 3b in the version of the Act to Strengthen Electronic Administrative Activities of December 24, 2002, GVBl. S 962 ( Bavarian State Chancellery , accessed on November 6, 2018).
  14. ^ Self-entry of the supervisory authorities Joint announcement of the Bavarian State Ministries of September 9, 1985 Az .: IA1-1011.1 / 3