Immediate execution
In German police law , the term immediate execution or immediate execution refers to certain measures to avert danger , which the competent authority takes instead of and at the expense of the person liable. These are measures of administrative compulsion without a previous administrative act .
Immediate execution is to be distinguished from immediate execution .
Immediate execution
Immediate execution presupposes that an opposing will of the (present) addressee is to be broken. A VA before the application of compulsion is not issued because it is not possible in time or does not promise success. Immediate enforcement is legally regulated, for example, in Section 6 (2) of the Administrative Enforcement Act and the police laws of the individual federal states.
The means of coercion to be used is direct coercion .
Immediate execution is to be distinguished from immediate execution , i.e. the execution of an administrative act before it cannot be contested, which can be ordered by the issuing authority in accordance with Section 80 (2) sentence 1 no. 4 VwGO . This is sometimes also referred to in the literature as immediate execution.
Immediate execution
Immediate execution presupposes that coercive measures cannot be taken because an opposing will of the addressee cannot be determined (main use cases: absence or unwilling addressee). A VA prior to the application of the immediate execution will not be issued because the purpose of the measure cannot be achieved by the VA or cannot be achieved in time.
Example: Towing of a vehicle by the police in the absence of the driver
If, on the other hand, a VA is carried out which has given the addressee a justifiable act, it is a substitute performance .
Web links
- Exercise case on the legal nature and legal basis of various enforcement measures
Individual evidence
- ↑ What does "immediate compulsion" mean? In: Süddeutsche Zeitung. May 11, 2010, accessed September 25, 2019 .
- ↑ VGH Kassel NVwZ-RR 1999, p. 23 f. to §§ 8, 47 Abs. 2 HSOG ( Hessian Law on Public Safety and Order )
