Indirect state administration

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Indirect and direct state administration at federal and state level

Indirect state administration means that the state - in contrast to direct state administration - does not fulfill the tasks of public administration through its own authorities , but through legally independent administrative units.

Germany

The administration in Germany is divided into the federal and state administration . The latter also includes local government . There is also the rare mixed administration ( job center and former regional finance offices ). Indirect state administration exists in both the federal and state administration.

The carriers of the indirect state administration are authorities within the meaning of Section 1 (4) of the Administrative Procedure Act (VwVfG), so they can also issue administrative acts within the meaning of Section 35 VwVfG (federal authorities and implementation of federal law) or the corresponding state administrative procedural laws.

Indirect state administration in Germany is characterized by the fact that the authorities have their own legal personality , i.e. themselves legal persons under public law ( corporations , institutions , foundations under public law ).

Authorities of indirect state administration can have the right to self-administration . In this case, they are not subject to instructions, but are subject to legal supervision , the municipalities also to municipal supervision . You can enact autonomous law in the form of statutes .

Authorities of indirect state administration are their own administrative bodies who set up and manage some public budgets , conclude contracts in their own name and can be sued in the administrative courts themselves ( Section 61 No. 1 VwGO ). For the direct state administration , however, the legal entity principle applies ( § 78 VwGO).

In contrast to this, authorities of direct state administration are legally dependent organs of their local authority .

Indirect federal administration

The largest federal corporation is the Federal Employment Agency ( Section 367 (1) SGB ​​III ). It has the right to self-administration and is a corporation under public law. Other institutions with this status are the transnational social insurance agencies .

Indirect federal administration authorities without self-administration are, for example, the Federal Financial Supervisory Authority and the Federal Office for Agriculture and Food . The Deutsche Bundesbank is an indirect and supreme federal authority .

Indirect state administration

Indirect authorities of the state administration are primarily the municipalities and associations of municipalities , but also state universities and the commercial and professional chambers (e.g. chambers of industry and commerce ), public savings banks and public broadcasters .

literature

  • Philipp Reimer : 5 minutes on administrative structure: a short introduction to the organizational law of the federal and state governments . In: Bonner Rechtsjournal . Special edition, no. 1 , 2018, p. 10-14 ( PDF ).
  • Hartmut Maurer : General administrative law. 14th edition, Munich 2002, ISBN 3-406-49814-0 , §§ 21 and 23.
  • Werner Thieme : Introduction to Administration. Cologne, Berlin, Bonn, Munich 1995, § 10.
  • Werner Thieme: Administrative apprenticeship. 3. Edition. Cologne, Berlin, Bonn, Munich 1977, Chapter 14.