Regulatory Authority Act (North Rhine-Westphalia)
| Basic data | |
|---|---|
| Title: | Law on the structure and powers of the regulatory authorities |
| Short title: | Regulatory Authority Act |
| Abbreviation: | OBG, OBG NRW |
| Type: | State Law |
| Scope: | North Rhine-Westphalia |
| Legal matter: | General administrative law , authority organization law |
| References : | SGV. NRW. 2060 |
| Original version from: | October 16, 1956 ( GV. NW. A p. 289) |
| Entry into force on: | January 1, 1957 |
| New announcement from: | May 13, 1980 (GV. NW. P. 528) |
| Last change by: |
G of 6 December 2016 (GV.NRW. P. 1062) |
| Effective date of the last change: |
December 15, 2016 (Art. 2 G of December 6, 2016) |
| Please note the note on the applicable legal version. | |
The regulatory authorities law (OBG) regulates the tasks, organization and powers of the regulatory authorities in North Rhine-Westphalia .
It also describes the structure of the regulatory authorities in North Rhine-Westphalia in terms of their hierarchy and defines who is behind the regulatory authorities (e.g. a specific district government or the mayor of a specific municipality). A distinction is made in the OBG between local regulatory authorities, district regulatory authorities, state regulatory authorities and special regulatory authorities. The OBG is part of the regulations of general regulatory law and thus part of the law of hazard prevention and public law .
tasks
The tasks of the regulatory authorities in North Rhine-Westphalia are primarily to avert threats to public safety or order ( defense against danger ). This means that the regulatory authorities are basically responsible for the same tasks as the police of the state of North Rhine-Westphalia , which is also particularly responsible for averting danger. This responsibility for two branches of the authorities, deliberately chosen by the legislator, is intended to ensure the most efficient possible defense against danger in every situation and at all times.
Legal basis for interventions
The regulatory authorities belong to the area of intervention management . Since their actions for the citizen i. d. As a rule, acts of the regulatory authorities always require a formal legal basis for authorization for constitutional reasons (principle of reservation of the law ). The OBG contains, as a general authorization to avert danger, § 14 OBG, which regulates the prerequisites for intervention by the regulatory authorities.
According to this, the regulatory authorities can take the necessary measures to avert any danger to public safety or order that exists in individual cases. This also applies in the event that damage has already occurred. Such measures are i. d. Usually issued by administrative orders.
In addition, § 27 OBG provides the option for the regulatory authorities to issue regulatory ordinances to ward off dangers to public safety or order. These regulatory authority ordinances act as material laws in contrast to the ordinance on the general public and not on a specific person or group of people and an individual case.
Opportunity principle and proportionality principle in the OBG
As in all police and regulatory law , the principle of opportunity also plays a decisive role for the authorities involved in the implementation of the OBG . The opportunity principle, which is standardized in Sections 14 and 16 OBG in particular, includes the right of the regulatory authority to decide for itself whether or not to act in a particular case. However, it is not completely free in this power of resolution , so that arbitrary decisions are legally excluded. The principle of proportionality in the OBG also has a prominent position; after all, it is one of the most important manifestations of the rule of law anchored in the Basic Law . This requires the competent authority to always measure its decisions against the fact that a measure taken does not lead to a disadvantage that is noticeably disproportionate to the desired success. The decision must therefore always be proportionate and adequately take into account the mutual interests of a person concerned, for example, but also the public, the state or the authority.
Use by people
If a regulatory authority is active in the context of danger prevention, it not infrequently makes use of others for this, for example by obliging a certain citizen to do so, e.g. B. to leash your vicious dog or cut down a rotten tree that is about to topple. This claim is also linked to legal requirements, which can be found in Sections 17 to 19 OBG. As a rule, the regulatory authority will try to claim against the person who caused the danger. There is also the possibility of contacting the owner or owner of something that poses a risk. If neither a polluter nor an owner or owner is available, there is even the possibility of obliging third parties to remove the hazard who are otherwise not involved in the whole thing. Such cases are, however, rather rare, as they u. a. can justify a claim for compensation by the person concerned. If no person is available who can eliminate the danger or who cannot eliminate it in time, the regulatory authority still has the option of intervening itself and eliminating the danger.
literature
- Wolfgang Frings, Lothar Spahlholz: The right to avert danger in North Rhine-Westphalia. Maximilian-Verlag, Hamburg 2002, ISBN 3-7869-0372-7 .
- Kay-Uwe Rhein: Law on the structure and powers of the regulatory authorities (OBG NRW). Richard Boorberg Verlag, Stuttgart et al. 2004, ISBN 3-415-03160-8 .
- Klaus Schönenbroicher: Regulatory Authority Act North Rhine-Westphalia. Comment. Verlag W. Reckinger, Siegburg 2011, ISBN 978-3-7922-0095-7 .
