Protection norm theory
The protection norm theory defines the conditions under which a legal sentence grants a subjective public right. It goes back to Ottmar Bühler and was first formulated by him in 1914 in his work The subjective public rights and their protection in German administrative jurisprudence.
Article 19 (4) of the Basic Law guarantees access to the courts for anyone who has been violated by the state in their own rights.
In this regard, however, it is problematic to define when a separate right exists. The prevailing opinion in jurisprudence and teaching makes use of the protective norm theory. Accordingly, there is a subjective public right if the norm in question is also intended to serve at least individual interests.
If this individual protection purpose cannot be clearly deduced from the legal wording, the objective content of the law must be determined with the help of legal interpretation methods. Fundamental rights play a special role here. Their basic statements must always be taken into account.
See also
literature
- Ulrich Große-Suchsdorf, Dietger Lindorf, Hans Karsten Schmaltz, Reinald Wiechert: Lower Saxony building regulations. Comment. = NBauO. 7th, completely revised edition. Vincentz, Hannover 2002, ISBN 3-87870-354-6 .
