Prussian Higher Administrative Court

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Building of the Prussian OVG in Berlin, today the seat of the OVG Berlin-Brandenburg

The ( Royal ) Prussian Higher Administrative Court (PrOVG) was the Higher Administrative Court (OVG) of the Kingdom of Prussia and the Free State of Prussia .

The OVG was established with the Prussian Administrative Court Act of July 3, 1875 ( Preuss. GS , p. 375), after administrative courts including the Administrative Court had already been created in Baden by the law of October 5, 1863 . Before that there was no independent administrative jurisdiction in the German states .

Jurisprudence

The PrOVG set the standard primarily through the so-called " Kreuzberg Judgment " of June 14, 1882, which established a general clause in Prussian police law tailored to the prevention of danger and underpinned the legal binding of the administration. Also known are his judgment of May 14, 1925 in the Borkum Lied case (PrOVGE 80, 176) and his decisions in the flag dispute between the City of Potsdam and the PrOVGE State Ministry (PrOVGE 82, 82), which was ultimately also adopted by the State Court was to be decided for the German Reich .

During the Weimar Republic, the PrOVG strengthened its reputation as an effective supervisory body vis-à-vis the administration and pacemaker of modern police law, especially under its long-time President Bill Drews . The Prussian Police Administration Act (PVG) of June 1, 1931, incorporated essential principles of action, which were defined by its case law . At the same time, this law strengthened the OVG's legal protection position.

During the National Socialist dictatorship , the PrOVG tried to maintain the principle of legality and also resisted arbitrary police acts. On the other hand, an ideologization of the general police clause (§ 14 PVG) can be observed in his case law, which gave the security authorities access to more and more areas of social life. In the area of state security , the control authority of the court was purposefully eliminated by the law on the secret state police (Gestapo) of February 10, 1936 (Preuss. GS, p. 21). Actions by the Gestapo such as the imposition of “ protective custody ” were regarded as “acts of sovereignty free from justice”; no judicial protection was possible against them. With the formation of a centralized but largely ineffective Reich Administrative Court (RVG) in 1941, the work of the PrOVG ended. It was dissolved and transferred to the new RVG.

Collection of decisions: decisions of the Prussian Higher Administrative Court (1.1877-106.1941; ZDB -ID 216333-0 )

President

Courthouse

Facade view of the entrance area of ​​the building of the Prussian OVG

In 1875, rooms at Lindenstrasse 47 were rented , and in 1877 at Mauerstrasse 63. In 1887 the company moved to Markgrafenstraße 47 (formerly the Royal Lottery Office).

The listed building of the OVG at Hardenbergstrasse 31 in the Berlin district of Charlottenburg was built 1905–1907 especially for the Royal Prussian Higher Administrative Court according to plans by Paul Kieschke . In 1912 the adjacent side street to the Zoo station was named after the initiator Wilhelm Jebens . On June 8, 1953, it became the seat of the Federal Administrative Court , after its move to Leipzig in August 2002 , the federal government transferred it to the State of Berlin in 2003. From October 1, 2004, this set up the OVG Berlin . Today it is the seat of the OVG Berlin-Brandenburg , which merged on July 1, 2005 .

literature

  • The new service building for the Royal Higher Administrative Court in Berlin . In: Journal of Construction . Vol. 59 (1909), col. 41-56, plates 8-11. Digitized in the holdings of the Central and State Library Berlin . Stephan Felix Pauly: Organization, history and practice of the interpretation of the law of the (Royal) Prussian Higher Administrative Court 1875-1933 (legal history series vol. 54). Peter Lang, Frankfurt / M. 1987.
  • Werner Petermann: The members of the Prussian Higher Administrative Court 1875-1942 . In: New research on Brandenburg-Prussian history , vol. 1 (publications from the archives of Prussian cultural property, vol. 14). Cologne / Vienna 1979, pp. 173-229.
  • Gerold Schmidt: Immanuel Hoffmann (1850–1924), member of the Prussian Higher Administrative Court and reform editor of the “Prussian / German Administrative Gazette” . In: Deutsches Verwaltungsblatt (DVBl) 1987, pp. 1058-1062.
  • Gunnar Stehr: The library of the Prussian Higher Administrative Court 1875-1945 . Special issue of the Federal Gazette. Edited by Federal Minister of Justice. Vol. 39 H. 103a, Bonn 1987, 128 p. M. Fig. (Review by Gerold Schmidt, DVBl. 101. Jg., 1986, pp. 1230-1231)
  • Renate Citron-Piorkowski, Ulrich Marenbach: Chased out of office and dignity Judges of the Prussian Higher Administrative Court persecuted by the Nazi regime in 1933, Berlin 2017, Hentrich & Hentrich , ISBN 978-3-95565-177-0 .

Web links

Commons : Prussian Higher Administrative Court  - album with pictures, videos and audio files

Individual evidence

  1. Werner Frotscher , Bodo Pieroth : Verfassungsgeschichte . 5th edition Munich 2005, marginal number 422.
  2. Werner Frotscher, Bodo Pieroth: Verfassungsgeschichte . 5th edition Munich 2005, Rn 546 ff.
  3. RGZ 121, appendix p. 13
  4. Volkmar Götz: § 3 Police and Police Law . In: Jeserich, Pohl, von Unruh (Ed.): Deutsche Verwaltungsgeschichte , Vol. 4. Stuttgart 1985, pp. 416-420
  5. ^ Andreas Schwegel: 70 years of the Prussian Police Administration Act . In: Archives for Police History 2001, pp. 79–89
  6. ^ Wolfgang Kohl: The Reich Administrative Court . Tübingen 1991
  7. Klaus Scholder (Ed.): The Wednesday Society. Siedler, Berlin 1982, ISBN 388680030X , p. 16.
  8. Eckart Hien : 100 years PrOVG Hardenbergstrasse . Dinner speech on September 21, 2007
  9. ^ Stefan Felix Pauly: Organization, history and practice of the interpretation of the law of the (Royal) Prussian Higher Administrative Court 1875-1933 . P. 65 FN 2 with reference to the "humorous description of this odyssey" by Wilhelm Jebens : Memories and other things ... from 21 years of service as a senior administrative judge . In: PrVerwBl. Vol. 22, 1900, p. 78 , (80)

Coordinates: 52 ° 30 ′ 26.9 ″  N , 13 ° 19 ′ 49.7 ″  E