Direct state administration

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Direct and indirect state administration at federal and state level

Direct state administration means that if the government  - unlike the indirect state administration  - the tasks of its public administration by its own authorities in their own sponsorship met.

Germany

The administration in Germany is divided into the federal and state administration . The latter also includes local government . There are also mixed forms such as the job center and the former regional finance directorates . There is direct state administration in both the federal and state administrations.

The administrative structure of Germany is usually four-tiered and hierarchical with supreme, upper , middle and lower authorities . The administrative competence lies primarily with the states, also with the implementation of federal laws ( Art. 30 , Art. 83  GG ). The authorities of the direct state administration are dependent administrative units. They are an organ of their local authority , which is a legal person under public law . According to the legal entity principle, it is not the authority of the direct state administration itself that must be sued before the administrative courts , but the federal government (as the defendant, the Federal Republic of Germany ) or the state to which their actions can be assigned ( Section 78  VwGO ).

In contrast, the indirect state administration in Germany is characterized by the fact that the authorities have their own legal personality , i.e. are themselves legal persons . The administrators can be with or without self-administration .

Immediate federal administration

At the federal level belong to the immediate Federal the Federal government departments and other top Federal (z. B. Federal Court ), federal authorities (for. Example, BKA ), federal funding agencies (eg. B. General waterways and shipping ) and federally authorities B. (eg. Bundeswehr Service center ).

Immediate state administration

The direct state administration basically includes the state ministries , the state higher authorities , state central authorities and state sub-authorities . In North Rhine-Westphalia , for example, the middle state authorities are the district governments and the lower state authorities are the district administrators .

literature

  • Philipp Reimer : 5 minutes on administrative structure: a short introduction to the organizational law of the federal and state governments . In: Bonner Rechtsjournal . Special edition, no. 1 , 2018, p. 10-14 ( PDF ).
  • Hartmut Maurer : General administrative law. 14th edition, Munich 2002, ISBN 3-406-49814-0 , §§ 21 and 23.
  • Werner Thieme : Introduction to Administration. Cologne, Berlin, Bonn, Munich 1995, § 10.
  • Werner Thieme: Administrative apprenticeship. 3. Edition. Cologne, Berlin, Bonn, Munich 1977, Chapter 14.