Self entry
The term self-entry is used in freight forwarding , commercial law and administrative law and describes a situation in which certain functions are not performed by the intended addressee, but by someone else by virtue of the law.
Self-entry in the forwarding business
In the freight forwarding business, the term self-entry is used when the freight forwarder also becomes the carrier ( § 458 HGB ). In addition to the rights and obligations of a freight forwarder, he acquires the rights and obligations of a carrier. The freight forwarder is both the sender and the carrier in the waybill .
Self-entry in commercial law
Self-entry occurs in commercial law if a commission agent fulfills a purchase or sale for the principal by executing the order himself as a contracting party (§ § 400 to § 405 HGB) and not broker a third party. The commission agent therefore enters the business himself as a buyer or seller without losing his claim to commission. A self Subrogation of trading broker is not regular.
Self-entry in asylum law
In European asylum law, self-entry is used when a state in which an asylum seeker applies for protection would not actually be responsible for processing the protection request due to the provisions of Regulation (EU) No. 604/2013 (Dublin III) , but for the Transfer of the migrant to the responsible state in accordance with Art. 17 Regulation (EU) No. 604/2013 waived and carries out the asylum procedure itself.
The description of self-entry is not used by the regulation itself, but is widespread in German literature and case law.
References to transfers are mostly based on the circumstances in the states responsible for themselves, whose reception systems have so-called systemic deficiencies in the sense of the case law of the European Court of Justice , or on practical considerations. Germany has so far systematically made use of the possibility of self-entry in the case of those seeking protection who entered via Greece , and generally in the case of Syrian people seeking protection.
Self-entry in administrative law
Germany
In the Free State of Bavaria , since the amendment to the Bavarian Administrative Procedure Act (BayVwVfG) of July 23, 1985 ( Lex Schuierer ), self-entry has been regulated in the State Administrative Procedure Act (BayVwVfG).
Art. 3b para. 1 BayVwVfG reads:
- "If a state authority does not comply with a written instruction from the supervisory authority in due time, the head of the supervisory authority can act in place of the assigned authority (self-entry)."
In § 88 of the Hessian SOG there is an even more extensive self-entry rule:
- “If the circumstances so require, the supervisory authorities can exercise the powers of the general regulatory authorities subordinate to them or subject to their supervision; If there is a current risk, they can exercise the powers of the higher-level general regulatory authorities. "
In general, in administrative law, self-entry or self-entry or evocation right is understood to mean the possibility of a higher-level administrative authority to act instead of an authority that is hierarchically subordinate to it.
Switzerland
For Swiss law, the Government and Administrative Organization Act (RVOG) of March 21, 1997, Art. 47, Paragraph 4 provides at federal level :
- "The higher-level administrative units and the Federal Council can take decisions on individual issues at any time."
See also
Individual evidence
- ↑ See only the decisions of the OVG Nordrh.-Westf., Judgment of April 27, 2015 - 9 A 1380 / 12.A -; Schl.-Hst. OVG, decision of April 7, 2015 - 2 LA 33/15 -, VGH Bad.-Württ., Ruling. March 18, 2015 - A 11 S 2042/14 - and judgment of February 26, 2014 - A 3 S 698/13 -, Bay. VGH, ruling v. January 29, 2015 - 13a B 14.50038 -; OVG Rheinl.-Pf., Ruling from February 21, 2014 - 10 A 10656/13 -, all published in juris. Also Thym, comment on the judgment of the ECJ of November 14, 2013 - C-4/11 - on the transfer of asylum seekers to Greece in: NVwZ 2014, p. 130 ff.
- ↑ ECJ, judgment of December 10, 2013 - Case C-394/12 [Abdullahi] - NVwZ 2014, 208 [210].
- ↑ Germany exercises the right of self-entry ( memento of the original from January 9, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Notification from the Federal Ministry of the Interior dated January 9, 2011.
- ^ Ministry of the Interior tightened the course , report in the Badische Zeitung from November 11, 2015.
- ↑ www.admin.ch : "SR 172.010 Government and Administrative Organization Act"
