Self-commitment of the administration
The self- binding of the administration is a legal figure of the German administrative law and describes the binding of an administrative authority through previous actual actions, especially in the area of service administration .
According to Art. 3 of the Basic Law , which regulates the principle of equal treatment , the administration has to exercise its discretion in the same way in similar cases. If, for example, an authority has granted a subsidy at its discretion in a certain way, it may deviate from this in a similar case at the expense of other applicants only if the previous practice is generally abandoned or if a discretionary administrative regulation is handled differently in the future. It is irrelevant whether the person interested in granting funding was previously informed of the actual awarding practice and how he could adapt to this.
As a result of the self-commitment, there is a reduction in discretion to zero when making discretionary decisions . In similar cases, the self-commitment of the administration justifies the beneficiary's entitlement to performance and participation, as well as the competitor's right of defense against unlawful subsidization of a competitor, but no right to unlawful equal treatment .
literature
- Hans Birk: Methodology for the application of Art. 3 GG , VBlBW 1985, 274 ff.
- Joachim Burmeister : Self-commitments of the administration , DÖV 1981, 503 ff.
- Volkmar Götz : On "Equality in Injustice" , in: Festschrift Bundesverwaltungsgericht (1978), p. 245 ff.
- Christian-Friedrich Menger : On the self-binding of the administration through norm-interpreting guidelines , VerwArch Volume 63 (1972), p. 213 ff.
- Michael Sachs : On the dogmatic structure of equality rights as defensive rights , DÖV 1984, 411 ff.
Web links
- Berlin Senate Department for Health and Social Affairs : Circular II No. 01/2013 on the continued application of the implementing regulations to aid in adequate schooling by the social welfare agency according to Section 54 (1) No. 1 SGB XII of June 26, 2013
Individual evidence
- ↑ BVerwG, judgment of January 17, 1996, Az. 11 C 5.95, full text = NJW 1996, 1766.
- ↑ BVerwG, judgment of April 8, 1997, Az. 3 C 6.95, full text = BVerwGE 104, 220 = Buchholz 451.55 Subsidy Law No. 102.
- ↑ BVerwG, judgment of August 21, 2003, Az. 3 C 49.02, full text .
- ↑ BVerwG, judgment of May 7, 1981, Az. 2 C 5.79, full text = DVBl 1982, 195, 197.
- ↑ BayVGH , judgment of August 7, 2013, Az. 10 B 13.1234, full text .
- ^ Heinz-Josef Friehe: The competitor's right of defense against the subsidization of a competitor , JuS 1981, 867.
