Representative of the federal interest at the Federal Administrative Court
The representative of the federal interest at the Federal Administrative Court ( VBI ) represents the public interest of the federal government in proceedings before the Federal Administrative Court in Leipzig according to § 35 VwGO .
Basis and tasks
The VBI is appointed by the federal government . The addition "at the Federal Administrative Court" emphasizes the position of the VBI as an organ of the administration of justice . The VBI is bound by the instructions of the cabinet, not those of individual federal ministries. He can participate in any procedure before the Federal Administrative Court in order to carry out his mandate - with the exception of military disciplinary law . The VBI expresses itself regularly in writing and deepens its opinion in the oral hearing.
The representation of the federal interest is to be understood in an overarching, impartial sense. What is meant are the national interests of the federal government. These include the interests of the federal states and municipalities as well as the rights and obligations of individual citizens. The VBI is therefore a public institution to which the legislature has entrusted the federal interest, an aspect of the common good. The VBI contributes to the realization of the law through its participation in administrative disputes ( § 63 No. 4 VwGO ).
The VBI is assigned to the Federal Ministry of the Interior and there to the department for constitutional law. It is the successor institution of the former Federal Public Prosecutor (OBA). This was dissolved on January 1, 2002 in the course of budget consolidation as an independent authority (Art. 14 DiszNOG 2001, Federal Law Gazette I 1509). Today the task is carried out by six employees. VBI is Ministerialrat Hubertus Rybak (since March 1, 2016).
The federal states are free to appoint representatives of the public interest in their courts ( Section 36 VwGO).
literature
- Klaus-Dieter Schnapauff: From Federal Public Prosecutor to Representative of the Federal Interest at the Federal Administrative Court , in: Eberhard Schmidt-Aßmann / Dieter Sellner / Günter Hirsch / Gerd-Heinrich Kemper / Hinrich Lehmann-Grube (eds.): Declaration 50 years of the Federal Administrative Court , 2003, p. 185 ff. ISBN 3-452-24052-5
- Ferdinand Kopp: Representing the interests of the state and the public interest in other modern legal systems , in: VerwArch 1980, p. 209 ff.
- Ferdinand Kopp: The representative of the public interest in administrative jurisdiction , in: DVBl 1982, p. 277 ff.
- Wolfgang Heckner: Attorney of the State and Attorney of Public Interest - 125 Years of the Bavarian State Attorney , in: BayVBl 2005, p. 138 ff.
Web links
Individual evidence
- ^ Representatives of the federal interest at the Federal Administrative Court . Retrieved March 30, 2016.
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