Mixed management
Under mixing administration refers to the situation that in a federal state structure member states, and the state of a uniform management task perceive such that either the upper level of administrative organization membered state act authorities and on the federal on lower level authorities or that a unified management task by membered state and federal agencies jointly and subject to mutual consent. There are a number of different forms of mixed management that cannot be conclusively listed.
In Germany , forms of mixed administration are only permitted if the Basic Law itself provides for this. The Basic Law expressly permits certain forms of mixed administration (e.g. in Art. 108 GG for financial administration or in Art. 91e GG for the administration of basic security for jobseekers). Other forms of mixed administration correspond to the general rules of administrative responsibility ( Art. 83 ff. GG), especially when federal and state authorities provide each other with administrative assistance, but only perform their own tasks. If, however, the mixed administration does not correspond to any of the administrative competences regulated in Art. 83 ff. GG or even contradicts one of these competences, it represents a violation of the federal principle and is therefore unconstitutional.
Individual evidence
- ^ Jörn Ipsen: Staatsrecht I - Staatsorganisationsrecht . 27th edition. Vahlen, Munich 2015, p. 182 .
