Procedural act
An official procedural act is an order that affects the administrative procedure and the preparation of a decision on the matter , but not the matter itself.
Procedural acts are in accordance with Section 44a sentence 1 VwGO cannot be separately challenged in order not to delay or complicate the factual decision by challenging the procedural acts. Since legal remedies against procedural acts can only be invoked at the same time as the legal remedies admissible against the factual decision, the effectiveness of the administrative control in the sense of a process-related consolidation of related administrative processes is to be increased.
As far as procedural acts are enforceable, an irreparable situation can already be created up to the factual decision. Therefore, the principle of effective legal protection from Article 19 (4) of the Basic Law requires, as an exception, separate contestability. The same applies if the procedural act is against a non-involved party who has no legal remedy against the factual decision (Section 44a sentence 2 VwGO).
Article 19 (4) of the Basic Law requires, in addition to the exceptional cases mentioned in Section 44a sentence 2 VwGO, that procedural acts can be challenged in isolation if the legal impairment cannot (sufficiently) be eliminated by winning the main proceedings.
The legal ideas of § 44a VwGO must also be observed in the social court procedure.
Procedural acts are, for example, the granting of access to files or the issuing of an interim decision .
Individual evidence
- ^ Draft of an Administrative Procedure Act (VwVfG) BT-Drs. 7/910 of July 18, 1973, p. 97 f.
- ↑ cf. Bavarian VGH, decision of December 12, 2012 - 3 CE 12.2121 Instruction of the employer for an official medical examination
- ^ OVG North Rhine-Westphalia, decision of September 15, 2010 - 6 A 1966/08
- ^ Hessisches LSG, decision of March 12, 2012 - L 1 KR 36/12 B ER
- ↑ LSG Baden-Württemberg, decision of November 12, 2010 - L 5 KA 4293/10 ER-B
- ↑ BVerwG, judgment of September 22, 2016 - 2 C 16.15
