Popular lawsuit
As a civil suit refers to a lawsuit that may be brought by someone who by the challenged act is not violated in their own right, but as it is even for others or the general public, without their behalf.
history
In ancient Athens , the reformer Solon led at the beginning of the 6th century BC. The popular lawsuit.
principle
In Germany, the popular lawsuit is only permitted in exceptional cases; Usually the assertion of a violation of personal rights under the term standing is a prerequisite for the admissibility of a lawsuit.
exception
An exception is the possibility provided for everyone in Art. 98 Clause 4 of the Constitution of the Free State of Bavaria (BV) and Art. 55 of the Act on the Bavarian Constitutional Court (VfGHG) to file a popular complaint with the Bavarian Constitutional Court . Any Bavarian law, ordinance or statute can be submitted to the Bavarian Constitutional Court with the assertion that a fundamental right guaranteed in the state constitution has been violated in an unconstitutional manner. The Constitutional Court then examines the law for compliance with the full Bavarian constitutional law and, if necessary, determines that it is unconstitutional. The law would then no longer be applicable.
Practical meaning
The popular action is of greater practical importance in the special form of representative action , in which recognized professional associations from nature conservation and other areas are given the right to bring an action.
literature
- Kempen, Constitutional Law, in: Becker / Heckmann / Kempen / Manssen, Public Law in Bavaria, 2nd edition Munich 2001, Verlag CH. Beck, ISBN 3-406-48564-2
- Halfmeier, Axel: Popular lawsuits in private law, Tübingen 2006, Verlag Mohr Siebeck
Individual evidence
- ^ Constitution of the Free State of Bavaria in the version of the announcement of December 15, 1998 (GVBl. S. 991, 992) BayRS 100-1-I
- ↑ Art. 55 of the Act on the Bavarian Constitutional Court (VfGHG)
