Simple sovereign administration
From simple Hoheitsverwaltung or simply hoheitlichem actions of the administration or of offenses committed, actual, factual or simple administrative action is when the authority on hoheitlichem area by a Realakt acts. This is understood to mean those actions of sovereigns that are not aimed at legal success , but on actual success. Such an act has e.g. B. character of public law, if the authority carries out a real act that happens in the exercise of public duties and powers. Examples of this are official information and warnings that have no regulatory character, the setting up and operation of communal lighting equipment, e.g. B. the street lights, direct police action (controversial), but also simpler real files, such as. B. an official's business trip to an on-site meeting (controversial).
The demarcation from the administrative act on the one hand takes place via the characteristic of the regulatory content of a measure, which may not be given if a real act is accepted, and the demarcation from a private law real act of the authority on the other hand by the fact that the authority acts sovereignly.
Even simple sovereign administrative action is subject to the reservation of the law in accordance with Art. 20 (3) of the Basic Law in the event of an interference with the rights of third parties . Therefore, the state executive (power) must also be authorized to do so by law when acting by act that interferes with the rights of third parties. The legal basis for taking action can also be a legally binding administrative act, which in turn requires legal authorization . The principle of proportionality is therefore also relevant, at least if there is a real act with an encroaching nature .
Possibilities for legal protection with regard to simple sovereign action are the general action suit or injunction suit as well as the declaratory action .
