Representatives of the public interest
In Germany, the representative of the public interest can be appointed to the administrative courts of the federal states in accordance with Section 36 of the Administrative Court Code (VwGO) . The authority corresponds to the representative of the federal interest at the Federal Administrative Court at federal level.
Some federal states have made use of the option to set up such an authority. A representative of the public interest has existed in Bavaria since 1879, in Rhineland-Palatinate since 1957 and in Thuringia since 2001. Baden-Württemberg (interest representation now in individual cases by an authority active in the area), Mecklenburg-Western Pomerania , Schleswig-Holstein and North Rhine-Westphalia knew the office earlier, but have since abolished it. According to § 37 VwGO, the representative of the public interest must in principle be qualified to hold the office of judge . It can be appointed for the higher administrative courts ( administrative courts ) or for the administrative courts . The details, which differ from state to state, are regulated in an ordinance issued by the respective state government.
The representative of the public interest can also be commissioned to represent the state or its authorities ( Section 36 (1) sentence 2 VwGO ). This has only happened in Bavaria so far; the representative of the public interest bears the name Landesanwalt there . This state attorney is not to be confused with the Hessian state attorney , who is not a representative of the public interest in administrative court proceedings , but acts in constitutional proceedings before the Hessian State Court.
See also
literature
- Konrad Redeker : The representative of the public interest . In: University of Administrative Sciences (Ed.): Ten years of administrative court regulations: Probation and reform . Series of publications by the University of Speyer Volume 45. Berlin 1970. P. 127 ff.
- Landesanwaltschaft Bayern (Ed.): Attorney of the state and lawyer of the public interest: 125 years of Landesanwaltschaft Bayern 1879-2004. Munich 2004 ( PDF; 578 KB ).
Web links
- Page of the representative of the public interest in Bavaria
- Site of the representative of the public interest in Thuringia
