Hessian Administrative Court

Hessian Administrative Court (until 2018)

Lettering at the entrance of the old building

The Hessian Administrative Court (short: Hess. VGH ) in Kassel is the Higher Administrative Court (OVG) of the administrative jurisdiction in Hesse .

The Hessian Administrative Court consists of eleven senates and seven other specialist senates (e.g. disciplinary court, land consolidation senate ). It decides on appeals and applications for admission of appeals against judgments and court decisions of the Hessian administrative courts , on complaints against decisions of the administrative courts in proceedings for preliminary legal protection , on administrative judicial controls of norms (review of legal provisions below laws) and as a court of first instance in large-scale proceedings (e.g. B. Frankfurt Airport ) and other important procedures.

Seat and District of the Court

Until October 2018, the Hessian Administrative Court had its seat at Brüder-Grimm-Platz in Kassel . Part of the courthouse was the historic gate guard building on Wilhelmshöher Allee , a temporary residence of the Brothers Grimm (from 1814 to 1822), from 1868 to 1943 (destroyed by bombs) it was an official building of the chief president of the Prussian province of Hessen-Nassau . Since November 2018, the seat has been at the Goethestrasse Specialized Court Center together with the ( first instance ) Administrative Court of Kassel .

The judicial district covers the area of the state of Hesse.

Instance move

The Administrative Court is - insofar as it decides on Hessian state law - the last instance, otherwise - apart from a few exceptions - the appeal to the Federal Administrative Court is given.

With a few exceptions, the President of the Administrative Court is the supervisory authority for the non-judicial employees of the Administrative Court and those of the Hessian administrative courts of first instance - Darmstadt , Frankfurt am Main , Gießen , Kassel and Wiesbaden .

history

The state of Hesse emerged after the end of the war in 1945 from the Prussian provinces of Kurhessen and Nassau and the People's State of Hesse (newly formed in 1944) . For Prussia the Prussian Higher Administrative Court was the highest instance in administrative law matters, for Hessen-Darmstadt the Administrative Court of Darmstadt . The creation of a higher administrative court for the new state of Hesse was based on the name of the Darmstadt court (administrative court), but the seat of the court was Kassel. During the time of National Socialism , the administrative jurisdiction was hollowed out and in 1944 it was completely dissolved. After the Second World War , the victorious powers had legally ordered the reintroduction of administrative jurisdiction with the Control Council Act 36. On the basis of Section 139 of the Act on Administrative Jurisdiction, Hesse issued the First Ordinance to Implement the Act on Administrative Jurisdiction , according to which, in addition to the Administrative Court for the State of Hesse, three (first-instance) administrative courts were established for the respective administrative districts of Darmstadt , Kassel and Wiesbaden (entry into force of the ordinance of May 31, 1947). The (new) Administrative Court was established with a ceremony at which the Hessian Interior Minister Heinrich Zinnkann (the Interior Ministry was responsible for administrative jurisdiction at the time) and the head of the State Chancellery , State Secretary Hermann Brill (opening speech: Freedom through Law) were also present opened for the state of Hesse on June 21, 1947. It consisted of two full-time higher administrative judges and four higher regional judges who spoke law in the administrative court. A second Senate was established on October 1, 1951. In 1953 the number of full-time judges was increased to eight. In 1954 came the 3rd, 1958 the 4th, 1964 the 5th, 1968 the 6th, 1972 the 7th, 1977 the 8th, 1990 the 9th, 1981 the 10th, 1982 the 11th, 1987 the 12th and In 1988 the 13th Senate was added. Until 1962, only full-time judges were employed at the VGH. The Hessian law for the implementation of the administrative court order changed the name of the court to the Hessian administrative court. Since 1963 the arbitration bodies have been supplemented by honorary judges who are elected by the district assemblies and city council assemblies. In 1962 this was 90, in 1986 it was 214.

President

1947–1950 Gerhard Müller
1950–1958 Ernst Bardenhewer
1958–1964 Alfred Petzold
1964–1966 Erich Görner
1967–1969 Volkmar Borbein
1969–1982 Karl-Heinz Nieders
1982–1986 Richard Reuber
1986–1996 Ottmar Friedrich
1996–2002 Bernhard Heitsch
2002–2010 Wolfgang Reimers
2010–2016 Karl-Hans Rothaug
since 2016 Dirk Schönstädt

literature

Rut Sturm-Wittrock: The administrative jurisdiction; in: Georg Wannagat : Kassel as the city of lawyers and the courts in their thousand-year history, 1990, ISBN 3452215555 , pp. 242–246.

Web links

Website of the Hessian Administrative Court

Individual evidence

↑ Leader's decree on the formation of the provinces of Kurhessen and Nassau of April 1, 1944 , entry into force on July 1, 1944, Reichsgesetzblatt (RGBl.) 1944 I p. 109

↑ Control Council Act No. 36, Administrative Courts, of October 31, 1946 ( Memento of the original of July 26, 2018 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. , Comes into force on October 15, 1946 @1@ 2

^ Matthias Etzel: The repeal of National Socialist laws by the Allied Control Council (1945-1948) ; Volume 7 of Contributions to the Legal History of the 20th Century, 1992, ISSN 0934-0955 , ISBN 978-3-16-145994-8 , pp. 102-103, online

↑ Law on Administrative Jurisdiction of October 31, 1946, Law and Ordinance Gazette (GVBl.) 1946 p. 194 ff.

^ First ordinance for the implementation of the law on administrative jurisdiction of 25 March 1947, Law and Ordinance Gazette (GVBl.) 1947 p. 29

^ Hans-Joachim Höllein: Administrative jurisdiction in Hesse . In: 50 years of administrative jurisdiction in Hesse 1947–1997 , commemorative publication on the 50th anniversary of the establishment of the Hessian Administrative Court in Kassel and the administrative courts of Darmstadt, Kassel and Wiesbaden, published by judges of the Hessian administrative jurisdiction, Kassel 1997, pp. 19, 25

↑ Section 1, Paragraph 1, Clause 1 of the Hessian Law on Implementation of the Administrative Court Regulations of February 6, 1962, Law and Ordinance Gazette (GVBl.) P. 13, coming into force on April 1, 1962

↑ Section 13, Paragraph 1 of the Hessian Act for the Implementation of the Administrative Court Regulations of February 6, 1962, Law and Ordinance Gazette (GVBl.) Pp. 13, 15, coming into force on January 1, 1963