Administrative agreement
An administrative agreement in German constitutional law is an international contract between states or other regional authorities .
General
Depending on whether an administrative agreement is concluded by the federal government or a specialist department of one of the federal ministries , a distinction can be made between government agreements and departmental agreements (Section 72 (1) GGO ).
International administrative agreements
Administrative agreements with contracting parties outside of the Federal Republic are international agreements , and according to the prevailing doctrine , all international agreements that do not fall under Article 59, Paragraph 2, Clause 1 of the Basic Law , that neither regulate the political relations of the Federation relate to subjects of federal legislation and can therefore be concluded by the executive without the involvement of the legislature. Administrative agreements can thus be concluded where no formal law would be required at the national level and action by the administration, for example through ordinances, administrative regulations or actual acts, would be permissible. They therefore do not require the involvement of the legislature.
In order to apply in the relationship between the state and the citizens, administrative agreements must be transformed into domestic law. In accordance with the responsibility of the administration to conclude the administrative agreement, this is done by means of an administrative provision, usually by means of a regulation. If no regulation is issued, administrative agreements only apply to the executive branch itself.
Inland administrative agreements
Administrative agreements can also be concluded between the federal government and the states or between the states. They are also called administrative agreements. The legal nature of these contracts is controversial.
- For example, according to Section 6 of the WpHG, cooperation between the federal government and the federal states supervising the stock exchange is to be regulated through administrative agreements.
- The financing of the lignite rehabilitation in Lusatia and Central Germany is also regulated by administrative agreements.
State treaties
The content of the administrative agreement must be distinguished from the state treaty , as the latter regulates matters between states that are relevant to international law .
literature
- Markus A. Glaser: International administrative relations . Mohr Siebeck, Tübingen 2010.
Individual evidence
- ↑ Volker Epping / Christian Hillgruber / Stefan Ulrich Pieper , BeckOK GG , Ed. 21, Art. 59 para. 45.
- ↑ Volker Epping / Christian Hillgruber / Stefan Ulrich Pieper, BeckOK GG, Ed. 21, Art. 59 para. 48.
- ↑ Brown coal refurbishment ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , BMUB press release
