Reflex right
A reflex right exists (according to Georg Jellinek ) in distinction to a subjective public right if an objective public right leads to the initiation of a sovereign action or if an individual becomes an object of state welfare in the public interest.
example
Everyone has the right to complain to the Bar Association, as the supervisory authority, about the conduct of a lawyer . However, this right to lodge a complaint is merely a reflex right. Because there is no third party entitlement to supervisory intervention by the bar against a member. The professional supervision of the Bar Association over its members does not serve to safeguard individual interests, but the public interest. Third parties therefore have no claim against the Bar Association to a supervisory measure or even to an error-free discretionary decision on any intervention against a member of the Chamber.
literature
- Steffen Detterbeck : General administrative law: with administrative procedural law . 9th edition, Verlag CH Beck, Munich 2011, ISBN 978-3-406-61448-4 .
Individual evidence
- ↑ Georg Jellinek : System of Subjective Public Rights (PDF; 21.7 MB). Freiburg im Breisgau 1892. Internet Archive
- ^ Higher Administrative Court of Lüneburg , order of September 8, 2015, 8 ME 149/15, NJW-aktuell, issue 40/2015, page 10
