Reich Administrative Court
The Reich Administrative Court was already in the German Empire and the Weimar Republic provided, but only in the Third Reich erected Court . It should be the highest instance of the German administrative judiciary. However, this goal was never achieved.
Empire (1871-1918)
In the course of the 19th century administrative jurisdiction developed in the German states, which allowed citizens to have sovereign measures checked by judicial or court-like organs. These developments took place within the German states; The Prussian Higher Administrative Court (from 1875) must be mentioned here . After the founding of the Reich in 1871, a Reich administrative jurisdiction gradually developed, but initially only selectively, with the special authorities responsible for a certain sub-area of public law also exercising jurisdiction in this area. The Reichstag's work to establish the Reich Administrative Court in 1912 fizzled out.
Weimar Republic (1919–1933)
The Weimar Constitution contained an express mandate to set up a Reich Administrative Court alongside the administrative courts of the Länder; the debate about the fulfillment of the mandate continued. In 1930 a bill to establish the court was presented, but it was never passed.
Third Reich (1933–1945)
By the Führer decree of April 3, 1941 [RGBl. I 1941, 201], Adolf Hitler finally established the Reich Administrative Court with its seat in Berlin, in which a number of judicial and court-like instances for parts of public law were combined. It should be noted, however, that the function of a court in the legal and state conception of National Socialism was not comparable to that of a constitutional state that focused on individual rights . The members of the Reich Administrative Court were expressly obliged to “interpret the law based on the National Socialist worldview”. Important parts of public law were completely beyond the jurisdiction of the court.
With the collapse of the Third Reich , the Reich Administrative Court ceased its work; its legal basis was abolished in 1946 by the Allied Control Council.
- President
- Walther Sommer (1941–42)
- Franz Hueber (from 1942)
- Judge (selection)
- Herbert Bach , Vice President from 1941 to 1945
- Bernhard Danckelmann
- Oskar Yellow Hair
- Bernhard Lösener
- Friedrich Pernitza
- Walter Poser
- Herbert Schelcher
- Ernst August Schwebel
- Hermann Sommer
literature
- Wolfgang Kohl: The Reich Administrative Court. A contribution to the development of administrative jurisdiction in Germany . Verlag Mohr Siebeck, Tübingen 1991, ISBN 978-3-16-145740-1
- Michael Stolleis : Right in Wrong: Studies on the Legal History of National Socialism . Suhrkamp, Frankfurt am Main 1994, ISBN 3-518-28755-9 (especially p. 190 ff.)
- Decisions of the Reich Administrative Court (1.1942–2.1943, ZDB -ID 216348-2 )
Individual evidence
- ↑ Schoch / Schmidt-Aßmann / Pietzner-Ehlers, VwGO, 18th edition, § 40 marginal no. 1
- ↑ Schoch / Schmidt-Aßmann / Pietzner-Schmidt-Aßmann, VwGO, 18th edition, introduction, marginal no. 77
- ↑ Luig, NVwZ 1994, 1195ff.
- ^ Ibid.
- ↑ Art. 107 WRV
- ↑ Löwenthal, JR 1930, pp. 241–248
- ↑ a b Decree of the Führer and Reich Chancellor on the establishment of the Reich Administrative Court (1941)
- ↑ § 7 of the Fuehrer's Decree
- ↑ Schoch / Schmidt-Aßmann / Pietzner-Ehlers, VwGO, 18th edition, § 40 marginal no. 2
- ↑ Thomas Heil, The Administrative Courts in Thuringia 1945 - 1952, 1996, p. 132