Administrative act (Germany)

The administrative act , abbreviated VA , is a form of action of the public administration in German administrative law . An administrative act, often referred to as a notification , is a sovereign measure by an authority in the field of public law to regulate an individual case. Through it, abstract, general laws are implemented in individual cases . The administrative act is used in numerous legal matters. Administrative acts are, for example, a building permit , a police eviction or a tax assessment .

The administrative act is regulated by law in § 35 - § 52 of the Federal Administrative Procedure Act (VwVfG) and in the largely identical administrative procedure laws of the federal states . For matters of the tax authorities it is regulated in § 118 - § 133 of the tax code (AO) and for the area of social law in § 31 - § 51 of the tenth book of the social security code (SGB X).

The administrative act is also known in other legal systems, for example in France , Austria and Switzerland, where only the term “disposition” is used.

History of origin

The development of the administrative act began in German law in the 19th century. At that time, basic dogmatic structures of general administrative law only existed in certain areas. The structure and procedure of the administrative act were first conceived in administrative law textbooks . Their authors were based on the French Acte administratif unilatéral . The historical forerunners of the administrative act also include the rescript and the privilege from Roman law .

The dogmatic development of the administrative act was significantly advanced by the university professor Otto Mayer . In his textbook from 1895, he defined the basic characteristics of the administrative act that still shape its term today: According to this, it was a sovereign measure for the binding regulation of an individual case. According to Max Weber , the administrative act is an instrument of bureaucratic-monocratic rule.

With the construction of the administrative act, the legal certainty in administrative law should be strengthened. The aim of the introduction of this versatile range of action instruments was to systematically record the multiform actions of the authorities and to give them a uniform, binding legal framework. The authorities should also be given the opportunity to make binding decisions that legal transactions could rely on.

The administrative act was legally defined in German law for the first time after the Second World War in the British zone of occupation by Section 25 (1) of Ordinance Number 165. Later German federal and state laws were based on this formulation.

Nature and functions of the administrative act

Jurisprudence attaches three essential functions to the administrative act: the binding regulation of a situation, the provision of an enforceable title and the opening of certain forms of legal protection.

Control function

Laws are applied to individual cases by administrative act and legal consequences are established. The issuance of the administrative act formally concludes the administrative procedure in accordance with Section 9 VwVfG. The regulatory content of an effective administrative act binds its addressees, so-called binding effect . Other sovereigns must recognize an administrative act and observe its regulatory content in their decision-making without reviewing its legality, so-called factual effect . As a result, the administrative act has a stabilizing effect and creates legal certainty. Certain administrative acts also have a declaratory effect. As a result, in addition to the content of the regulations, the reasons for your decision and findings become binding. This effect only exists in cases stipulated by law, for example in asylum law with regard to prohibitions and obstacles to deportation .

An administrative act can be attacked with legal remedies within certain time limits . If these deadlines expire, if legal remedies are unsuccessful or if they are waived , an administrative act becomes formal . As a result, it can only be withdrawn by the authority under the special conditions of § 48 , § 49 and § 51 VwVfG. This also applies to an illegal administrative act. In this way, the administrative act differs significantly from the legal norm : If a legal norm violates higher-ranking law, it is ineffective according to the prevailing nullity dogma , so that it does not develop any legal consequences and therefore does not have to be followed. In contrast, an illegal administrative act is fundamentally unrestrictedly effective. Only a serious legal violation leads to its nullity.

Title function

If an effective administrative act contains a command or prohibition, this can be enforced independently by the issuing authority using coercive means . The administrative act thus constitutes an enforcement order. This means a difference to the civil law claim : Its enforcement requires that the creditor obtains an enforcement order at the court , for example a judgment .

Legal protection function

There are other legal protections against administrative acts than against legal norms ( norm control ). Administrative court regulations (VwGO), tax court regulations (FGO) and social court law (SGG) provide specific legal protection options against administrative acts: According to § 42 and § 43 VwGO, an administrative act can be challenged with action for contestation , obligation and declaratory judgment before the administrative court . Separate prerequisites for a factual decision apply to the different types of action , such as deadline provisions ( Section 74 VwGO) and the obligation to conduct preliminary proceedings ( Section 68 VwGO). The type of legal action allowed depends on the qualification of a measure as an administrative act and the legal protection objective. The same applies to the area of ​​application of the FGO and the SGG.

Previously, the existence of an administrative act was a prerequisite for the legal process to be opened to the administrative court, as legal remedies were only available against this. With the entry into force of the VwGO in 1960, however, legal recourse to the administrative courts was opened against other administrative acts .

Features of the administrative act

The legal definition of the administrative act results from § 35 sentence 1 VwVfG, § 118 sentence 1 AO and § 31 sentence 1 SGB X: According to this, it is an order, decision or other sovereign measure that an authority to regulate an individual case in the area of public law and which is aimed at direct legal effects to the outside world.

Orders, orders and other measures taken by the judicial authorities to regulate individual matters in the areas of civil law, including commercial law , civil litigation , voluntary jurisdiction and the administration of criminal justice, represent a special case . This also includes real files. The ordinary courts decide on the legality of such judicial administrative acts on application in accordance with Section 23 EGGVG . The Administrative Procedure Act does not apply to them in accordance with Section 2 (3) No. 1 VwVfG.

From § 35 VwVfG, jurisprudence derives six prerequisites that must be met cumulatively for an act to constitute an administrative act.

authority

An administrative act is initially characterized by the fact that it is issued by an authority. Section 35 sentence 1 VwVfG is based on the functional concept of authorities in Section 1 subsection 4 VwVfG. According to this, an authority is a body that performs tasks of direct or indirect state administration , for example the mayor of a municipality . Constitutional bodies , such as the German Bundestag and the Federal President , are authorities insofar as they perform administrative activities. In the case of the Federal President, for example, this is the case when he appoints an official . If, on the other hand, he performs a constitutional task, such as the conclusion of an international treaty , he has no authority. Authorities can also be entrusted . These are private individuals who are legally entrusted with public tasks, such as TÜV inspectors and district chimney sweeps .

Sovereign measure

The constituent measure of a measure denotes an action with explanatory content, according to the order of a police officer . A measure is sovereign if it is taken in the field of public administrative law and the authority makes unilateral use of its powers. The sovereign measure is thus to be distinguished from government acts, actions under private law or the entering into a public-law contractual relationship ( Section 54 VwVfG).

In the practice of the authorities, in certain cases the content is negotiated with the later addressee before an administrative act is issued. The administration can thus accommodate the citizen when approving a building project if the citizen waives an appeal against the building permit. An administrative act that comes about as a result of such an agreement is referred to as a negotiated administrative act. However, this does not change the dogmatic classification as an administrative act, it is only a factual-descriptive term.

In the field of public law

In the field of public law, an authority acts when it applies a legal norm that can be assigned to public law. According to the prevailing modified subject theory , this applies if it unilaterally entitles or obliges a holder of sovereign power. This is not the case when the authority acts on the basis of a legal norm that applies to everyone. This applies in particular to legal norms under private law.

regulation

Traffic-regulating hand signal by a police officer as an example of an administrative act

The characteristic of an administrative act is that it makes a definitive order. In contrast to the real act, the aim of the measure is therefore to directly bring about a legal consequence with which rights or obligations are established, changed or canceled. Typically, the regulatory effects are based on rules and regulations, such as administrative orders or project approvals. For example, a building permit cancels an existing building ban and permits construction.

A real act does not bring about legal, but actual success . It only develops a factual effect, such as a business trip, a warning notice or a cash payment. A real act can, however, be linked to an administrative act. Before a cash payout, for example, it is regularly stated that money should be paid out. The same applies to legal information , for example on the basis of Section 19 of the Federal Data Protection Act , Section 15 (2) sentence 2 of the Federal Constitutional Protection Act and Section 7 of the Freedom of Information Act .

School report as an example of an administrative act

Dependent procedural acts also have no regulatory effect. Such is the case, for example, with the order according to Section 80 (2) sentence 1 number 4 VwGO, which declares an administrative act to be immediately enforceable. In the case of individual grades within a school report , the prevailing view differentiates: Basically, these do not represent an independent administrative act, but a dependent part of the certificate, which represents an administrative act. The situation is different, however, if the individual grade has a special meaning for the professional chances of the graded person. In this case, it encroaches on the basic right to freedom of occupation ( Art. 12 Paragraph 1 GG), which is why it is an independent regulation.

An official declaration of intent that does not issue an order has no regulatory effect. Their legal consequence already results from the law, so that the declaration only triggers this. This is the case, for example, with the declaration of set-off in accordance with Section 388 of the German Civil Code , which leads to the expiry of claims in accordance with Section 389 BGB. The situation is different, however, with the offsetting according to Section 51 of the First Book of the Social Security Code , since this forms a social law relationship.

Individual case

An administrative act is further characterized by the fact that it is intended to regulate an individual case. Therefore, it relates to a specific situation in life and is usually aimed at a specific person.

The characteristic of the individual case regulation distinguishes the administrative act from the legal norm , for example the parliamentary law, the statutory ordinance or the statute , because these are abstract, general regulations that refer to an indefinite number of cases.

Traffic signs as an example of a general order

A special form of administrative act is General decree, legally defined in § 35 sentence 2 VwVfG. This type of administrative act is aimed at a group of people who are determined or determinable according to general characteristics or regulate the public law property of a thing or its use by the general public. For general rulings, there are sometimes special procedural and formal regulations, for example with regard to the hearing in Section 28 (2) number 4 VwVfG, the reasons in Section 39 (2) number 5 VwVfG and the notification in Section 41 (3) sentence 2 VwVfG.

Section 35 sentence 2 VwVfG names three types of general rulings: A person-related or addressee-related general ruling according to Section 35 sentence 2 variant 1 VwVfG determines the group of addressees on the basis of general features, for example the dissolution of a meeting, which is aimed at everyone who takes part in the meeting .

A factual or real general disposition in accordance with Section 35 Sentence 2, Variant 2 VwVfG, regulates the property of an object under public law, such as the dedication of a street and the allocation of house numbers .

A usage-regulating general disposal according to § 35 sentence 2 variant 3 VwVfG regulates the use of an object by the general public. This includes, for example, the usage rules of an institution under public law , such as a museum . The prevailing opinion also includes traffic signs .

External impact

An administrative act is ultimately aimed at a person outside the administration.

An official instruction to an official lacks external impact. The instruction to perform an official act or the implementation of one within an authority are not administrative acts. The situation is different if there is also an interference with the personal legal sphere of the addressee, such as the transfer and seconding of an official.

Actions between administrative bodies generally have no external effect, they are merely internal to the administration. Examples are the consent required before a building permit is granted, which the municipality declares to the building permit authority, or a municipal council resolution that has no direct external effect until the mayor has implemented it. The case is different with regard to legal supervision . In municipal law, for example , a supervisory authority checks the legality of municipal actions. Where it takes over a church, a regulatory measure, such as by the decision of the local council objected , has this visibility, because the complaint touches the municipal self-government .

Organizational acts of the administration can develop external effects if structural administrative changes are made, for example an administrative body is created or canceled. The case law has assumed this when a school is closed , since the parental right to free choice of school is affected ( Art. 6 Paragraph 2 GG). In contrast, the external effect of the closure of a daycare center was denied .

Types of administrative act

In view of their diversity, administrative acts are systematized in law using different criteria.

Differentiation according to the content

A commanding administrative act obliges its addressee to do, tolerate or refrain from doing a certain thing by means of a command or prohibition. If the administrative act is not followed, the issuing authority can enforce it with coercive means. Such administrative acts are often used in the area of security . For example, a dismissal contains the requirement to move away from a location and the prohibition to re-enter it in the near future.

Naturalization as an example of a creative administrative act

A creative administrative act establishes, changes or terminates a legal relationship. This effect has, for example, the appointment of a civil servant, which establishes a civil servant relationship, or the granting of a permit , for example to operate a restaurant .

A determining administrative act determines the existence or non-existence of a legal relationship. This function has, for example, the building permit, which determines the compatibility of a project with public building law.

An administrative act in rem is not person-related, but factual or project-related. Therefore, for example, a removal order under building law also affects the legal successor in the developed property.

The administrative act that decides the dispute serves to resolve a disputed legal relationship. This is the purpose, for example, of the decision of the public procurement tribunal in the review procedure in accordance with Section 168 (3) sentence 1 of the Act against Restraints of Competition , through which a dispute under public procurement law is resolved among competitors.

A special form is the notarizing administrative act, such as the entry in the water book with a purely declaratory effect.

Differentiation according to the effect for the person concerned

An administrative act can have beneficial or burdensome effects on those affected by it. A favorable administrative act establishes or confirms a right or a legally significant advantage in accordance with Section 48 (1) sentence 2 VwVfG. This applies, for example, to dispensations , by means of which a citizen is exempted from an obligation or prohibition under public law. Furthermore, health insurance approval and license to practice medicine , which give their addressees a right , have a positive effect . In contrast, a burdensome administrative act encroaches on a person's legal framework. This is about the commercial activities to which the exercise of a trade bans.

If an administrative act contains both favorable and burdensome elements, it is an administrative act with a double effect (also a mixed administrative act). Such an effect, for example, develops a building permit that is linked to the requirement to build additional parking spaces .

Finally, an administrative act can be beneficial for one person and burdensome for another (administrative act with a third party effect). This applies, for example, to the building permit, which allows the building owner to undertake a building project that affects his neighbors.

Differentiation according to the legal binding

The competent authority is obliged to issue a bound administrative act if its factual requirements are met. This is the case, for example, with the residence permit for recognized asylum seekers or refugees in accordance with Section 25 (1) and (2) of the Residence Act (AufenthG): The permit must be granted if the right to asylum or refugee status has been established. The building permit must also be granted if public law does not conflict with the building project.

The counterpart to the bound administrative act is the discretionary administrative act. Its adoption is at the dutiful discretion of the authority. Such an administrative act is, for example, a measure that is based on general clauses under police and regulatory law . According to this, an authority can take measures to avert a danger.

Differentiation according to the temporal regulatory content

A point management act (or moment management act) is exhausted in a one-time command or prohibition or in a one-time design of the legal situation, for example the withdrawal of an official appointment.

The so-called administrative act with permanent effect has the special feature that its effect does not occur at a certain point in time, but rather during a certain period of time. This applies, for example, to an administrative act that has as its subject matter or results in the permanent regular receipt of social benefits.

A chain administrative act contains a chain of temporary or conditional administrative acts, which are followed by a new limited or conditional administrative act when the deadline expires or the condition occurs. A chain administrative act is, for example, a repeatedly extended commercial permit or residence permit.

A provisional administrative act is issued in urgent cases where the facts are still unclear. For this reason, the authority issues a regulation with reservations. This provisional regulation remains in place until the authority makes a final decision.

A precautionary administrative act contains a regulation that is subject to the proviso that another authority confirms the existence of its legal requirements. This is the case, for example, when the integration office refuses the necessary consent to terminate a severely disabled person, although the pension office has not yet conclusively determined that this person is severely disabled.

Differentiation according to the occurrence

With regard to the implementation, a distinction is made between unilateral and administrative acts that require cooperation. While the unilateral administrative act is issued by the authority alone, the involvement of the addressee is required in the case of administrative acts requiring cooperation, so an official , temporary soldier , professional soldier or professional judge to be appointed must accept the certificate of appointment.

The multi-level administrative act requires the cooperation of another authority. The permissibility of certain building projects is decided by the building permit authority in agreement with the municipality ( Section 36 BauGB).

Finally, § 42a VwVfG provides for the possibility of issuing a fictitious (or fictitious) administrative act in certain legal cases . After a statutory period has expired, it is assumed that an administrative act has been issued. For example, Section 6a (1) of the Industrial Code stipulates that a trade license is deemed to have been granted if the competent licensing authority has not decided on the application for a license within three months.

Differentiation according to the shape

No formal administrative acts can be issued in any form (in writing, electronically, orally or in any other way) ( Section 37 (2) sentence 1 VwVfG). Formal administrative files in written form ( Section 37 Paragraph 3 Sentence 2 VwVfG) are practically the rule, as the authorities are obliged to document their activities in files. The records management is increasingly done in electronic form ( § 3a VwVfG).

Announcement and effectiveness of the administrative act

According § 41 , paragraph 1, sentence 1 VwVfG is thus effectively an administrative that he its addressee announced is. With the announcement according to § 70 paragraph 1 sentence 1 VwGO and § 74 paragraph 1 sentence 2 VwGO, the legal remedies against the administrative act begin; as a rule, they are one month. If instructions on legal remedies are missing or if they are incorrectly instructed, the deadlines in accordance with Section 58 (2) VwGO are extended to one year.

Prerequisites for notification

The announcement assumes that the administrative act of the person approaching for which it is intended. The notification must be made to those for whom the administrative act is intended or for whom it concerns. A building permit has to be communicated to the client and his neighbors on a regular basis. The disclosure does not necessarily have to be made personally to the addressee of the content of the regulation (addressee of the content); A third party, such as the legal representative of the recipient of the content , can also be used as the recipient and addressee of the disclosure . If an administrative act is only disclosed to a part of its addressees, it will nevertheless acquire legal existence. However, appeal deadlines begin individually for each addressee, which is why they do not expire for those to whom no disclosure is made. Irrespective of the announcement, the admissibility of legal remedies is limited by the legal institution of forfeiture .

The announcement also requires that the authority initiates access in an official capacity with a will to announce.

The notification is basically informal, so that the administrative act can be communicated in writing, orally or in any other way. If the authority decides in favor of a written transmission by the post , the administrative act according to § 41 paragraph 2 VwVfG is generally considered to have been announced on the third day after posting. This three-day fiction does not apply if the administrative act is served later. In this case, the actual access time is decisive.

delivery

→ Main article : delivery (Germany)

In cases required by law, an administrative act must be formally served. The handover of the document containing the administrative act is certified . In accordance with Section 73 Paragraph 3 Clause 1 VwGO, for example, notification of objection is required . According to Section 74 (4) sentence 1 VwVfG, it is also necessary for the planning approval decision .

Public announcement

In cases provided by law, the announcement can be made public. This is done through the customary publication of its content. Pursuant to Section 41 (3) sentence 2 VwVfG, public notification is possible, for example, in the case of the general decree, because individual notification is impractical, i.e. it involves considerable effort. According to Section 74 (5) sentence 1 VwVfG, public announcement is still possible in the case of the planning approval decision if it would have to be served to more than 50 people.

Special case: announcement of a traffic sign

The way in which a traffic sign is announced is controversial.

In the past, jurisprudence assumed that a traffic sign required individual notification. According to the now prevailing principle of visibility, the traffic sign is made public by setting it up in such a way that motorists can see it with a quick and casual glance. This is derived from Section 39 (1) and Section 45 (4) of the Road Traffic Regulations . It therefore does not require any actual perception by the road user concerned. A stopping ban is therefore effective for everyone, even for those who parked their vehicle before the prohibition sign was put up.

As an exception, the period for filing a complaint against a traffic sign does not begin with the announcement, but at the point in time at which a road user first encounters the traffic sign. This is intended to ensure effective legal protection. If the deadline for everyone was already from the time the traffic sign was put up, a road user who would only be confronted with the sign for the first time more than a year later would not have the option of legal protection. For up to the date of the first awareness of the road sign it lacked after § 42 , paragraph 2 VwGO required legal standing ; thereafter the period of action would have expired.

Effectiveness of the administrative act

According to Section 43 (2) VwVfG, an administrative act remains effective as long as and to the extent that it has not been withdrawn, revoked, otherwise canceled, or completed by the passage of time or in any other way. A void administrative act is also ineffective in accordance with Section 43 (3) VwVfG.

A distinction is made between the external and internal effectiveness of the administrative act. The external effectiveness occurs with the announcement . Internal effectiveness occurs as soon as the regulation of the administrative act becomes binding in terms of content. In principle, this is the point in time at which the administrative act becomes final , but also applies if immediate enforceability has been delegated according to Section 80 (2) No. 4 VwGO. From this point in time, the person concerned must observe the rule or prohibition of the administrative act or may make use of the privileges granted. As a rule, internal and external effectiveness coincide. They fall apart if the regulation is tied to a condition precedent . In this case, the external effectiveness occurs when the announcement is made, the internal effectiveness only when the condition occurs.

Will an authority eliminate the legal effects of their administrative needs it it with a new administrative cancel .

The completion of an administrative act means the elimination of its burdening regulation. Whether this elimination has occurred is to be judged by the regulatory content of the administrative act. The settlement can occur, for example, through the passage of time, if a time specification ( limitation ) is part of the essential content of the administrative act.

legality

According to Article 20, Paragraph 3 of the Basic Law , all state power is bound by law and justice . For the administration, the principle of legality of administration follows from this. According to this, it may not act without legal authorization ( reservation of the law ) and not in contradiction to existing legal regulations ( priority of the law ).

Legal basis

Due to the reservation of the law, action by the authorities presupposes that it is based on a legal basis.

In this regard, high requirements apply in the area of intervention management , which includes police activities. Since their actions intervene in fundamental rights, a constitutional parliamentary law is required as the legal basis, which regulates the conditions under which and to what extent an authority may intervene in a foreign legal system.

In other areas, such as benefit administration , it is disputed how the basis of legitimation must be, such as the granting of subsidies . According to the doctrine of total reservation, because of the reservation of the law, a power standard is required here too, which regulates the main features of the action of the authorities. According to the prevailing view in jurisprudence, however, this is not necessary, as there is no comparable need for protection in the absence of a reduction in rights. The necessary democratic legitimation could also take place in other ways. In the case of subsidies, the provision of funds in the budget is usually sufficient . A power norm is only required in those areas whose essential importance presupposes a regulation by parliamentary law. This applies in particular to areas that influence the exercise of fundamental rights.

In order for an authority to act by means of an administrative act, the legal basis must authorize this. Some standards expressly provide for such an authority to act, such as Section 49a (1) sentence 2 VwVfG. However, it can also result from the factual context of a regulation. This applies, for example, to claims in the civil service relationship, for example through the reimbursement of salaries in accordance with Section 12 (2) of the Federal Salary Act .

Formal legality

The formal legality relates primarily to the completion of an administrative act. It assumes that the competent authority complies with the rules on the administrative procedure and the form.

Jurisdiction

The law essentially regulates three forms of jurisdiction: factual, local and instantaneous. These result from the relevant specialist law, such as police law or public building law .

The factual responsibility is assessed on the basis of the specialist area of ​​activity of an authority. For example, the police are responsible for carrying out police duties. The local jurisdiction is assessed according to the spatial area of ​​activity assigned to an authority. In this regard, § 3 VwVfG contains a general standard regulation which intervenes if the relevant specialist law does not contain a corresponding regulation. The instance responsibility ultimately regulates which instance is allowed to act within the multi-level authority structure.

The functional responsibility determines who is responsible for handling a matter within an authority. As a rule, it is governed by internal administrative law, such as the business allocation plan . Since such regulations, being purely internal to the administration, generally have no external effect, a violation of them does not lead to illegal activities. Something else applies if the responsibility is regulated by law, for example in Section 61 (1) sentence 2 VwVfG.

Procedure

The Administrative Procedure Act distinguishes between three types of procedure: the non-formal procedure, the formal procedure and the plan approval procedure .

According to § 10 VwVfG, the normal case is the non-formal procedure, which is not tied to certain forms and is simple, expedient and can be carried out quickly. According to the investigation principle standardized in § 24 VwVfG , the authority has to investigate the matter in question ex officio .

According to § 20 , § 21 VwVfG, a person may not participate in the proceedings who has a special close relationship with a party involved in the proceedings or who is concerned about bias . If the outcome of the proceedings has a legal effect on a third party, the third party will be involved in the proceedings in accordance with Section 13 (2) sentence 2 VwVfG. According to Section 29 VwVfG, the parties involved are entitled to inspect the files .

Prior to the adoption of a burdensome administrative authority has the stakeholders according to § 28 paragraph 1 VwVfG to listen . To this end, it gives them the opportunity to comment on the facts relevant to the decision. The hearing can only be waived under the conditions of Section 28 (2) and (3) VwVfG. The hearing procedure is intended to grant the parties involved a fair hearing so that they can influence the administration's procedure and its decision, and not just become an object of the administrative procedure. The hearing also serves to provide a comprehensive clarification of the facts.

If it is specifically ordered by law, a formal administrative procedure takes place. According to Section 67 (1) sentence 1 VwVfG, it is characterized by the fact that the adoption of an administrative act is preceded by an oral hearing . In the plan approval procedure, a public hearing is carried out in accordance with Section 73 VwVfG .

shape

In principle, an administrative act can be issued informally in accordance with Section 37 (2) sentence 1 VwVfG. Numerous special laws, however, provide for formal requirements. According to Section 10 (2) of the Federal Civil Servants Act , a civil servant is appointed, for example, by handing over a certificate.

If an administrative act is issued in writing or electronically, it must in principle contain a reason in accordance with Section 39 (1) VwVfG, in which the authority provides the essential reasons that prompted its decision.

Substantive legality

An administrative act is substantively lawful if it fulfills the requirements of its legal basis. A distinction must be made here between the fact of the legal basis and the legal consequences that it allows.

Offense

The fact of a norm sets the prerequisites for issuing an administrative act. A police order presupposes an existing danger to public security or order, in which the norm addressee may be claimed as a person who acts , states or does not disturb .

If the legal basis contains an indefinite legal term , the authority must determine its meaning through interpretation , which is necessary, for example, with the commercial law term of unreliability. The legality of an interpretation can be checked in court, which is derived from the guarantee of effective legal protection ( Art. 19 Paragraph 4 GG).

Occasionally, a comprehensive examination is not possible for actual reasons, for example in the case of examination-specific assessments and business assessments. Within the scope of the scope of assessment, such decisions are made on the basis of a one-off actual behavior in the examination or in everyday work that is inaccessible to the judicial determination. The court only reviews the decision with regard to whether there have been errors of assessment. It can therefore not revoke the decision of the authorities, but can only condemn a new decision, taking into account the legal opinion of the court. There is also scope for assessment in the case of decisions made by committees independent of instructions and in the case of technical prognoses.

Legal consequence

Some legal norms stipulate that if all of the constituent elements are present, a certain legal consequence occurs. According to Section 4 (1) sentence 1 of the Restaurant Act, a restaurant license must be refused if there is a reason for refusal, which is a binding decision.

Numerous norms do not stipulate any specific legal consequences; rather, they give the authorities a margin of discretion , for example in the case of general clauses under police and regulatory law. The authority can take its own measures to avert danger. The authority can decide whether, how and with whom to act. According to § 40 VwVfG there are legal discretionary limits. As a matter of principle, discretionary considerations must not be omitted, and discretionary limits must not be exceeded. In making its decision, the authority must not allow itself to be guided by irrelevant considerations. An incorrect use of discretion can make the administrative act materially unlawful and can be judicially reviewed according to § 114 sentence 1 VwGO. According to § 114 sentence 2 VwGO, discretionary considerations can be added to administrative court proceedings under certain conditions. Both the interpretation of indefinite legal terms and the use of discretion are often standardized by administrative regulations as internal administrative directives.

In individual cases, the scope of discretion can be reduced to zero, so that only one legal option remains. This is often the case in emergency law when an authority has to intervene in order to fulfill its protective obligations.

In planning matters, a large number of considerations are usually taken into account, which is why the exercise of discretion gives way to weighing. The legal requirements are lower here. The weighing up and the proper consideration of the relevant aspects can be checked in court.

Failure consequences

The law provides for different consequences of errors for administrative acts. Certain errors are negligible or at least curable. Decisions that are correct in terms of content should be protected from being attacked in court for insignificant errors. If an administrative act is unlawful, this does not necessarily lead to its nullity. Rather, it remains in effect until it is repealed, which serves to ensure legal certainty and the effectiveness of administrative action.

Correction of obvious inaccuracies, § 42 VwVfG

If an administrative act shows an obvious inaccuracy, such as a calculation or typographical error, the authority may subsequently correct this at any time in accordance with Section 42 VwVfG . The correction only has a clarifying function.

Nullity of the administrative act, § 44 VwVfG

According to § 44 VwVfG, an administrative act is only null and void if one of the grounds for nullity specified in the legal norm is present.

Paragraph 44 (2) of the Administrative Procedure Act cites special reasons for invalidity : According to this, an administrative act that has been issued in writing or electronically but does not reveal the issuing authority is invalid. If an administrative act can only be issued by issuing a certificate , it is null and void if this form is not observed. Decisions by authorities that are not locally competent are also null and void if they “relate to immovable property or a local law or legal relationship” ( Section 4 (1) number 1). If the content of the regulations cannot be carried out for actual reasons or if compliance would lead to an illegal act or a moral violation , this also leads to nullity.

According to Section 44 (1) VwVfG, an administrative act is void if it is subject to a particularly serious error, i.e. has serious errors or is in such a contradiction to the legal system that its continued existence would be unjustifiable. It is enough that this is readily apparent to an average citizen. The jurisprudence, for example, judged the permission to gamble as a crime to be void .

According to Section 44 (3) VwVfG, certain formal errors expressly do not render the administrative act void. Such an error exists, for example, if a person who has been excluded according to Section 20 (1) sentence 1 numbers 2 to 6 VwVfG has participated in the procedure.

Since the invalidity of an administrative act is often not clearly recognizable, the authority can establish this bindingly in accordance with Section 44 (5) VwVfG. It is even obliged to do this if the determination is requested by a person who has a legitimate interest in it.

Healing of procedural errors, § 45 VwVfG

According to § 45 VwVfG, procedural errors can be cured by making up for the final instance of the facts, i.e. the appeal , which removes the formal illegality of an administrative act. This is to protect the continued existence of materially correct decisions. According to the prevailing opinion, the healing has a retroactive effect , so that the administrative act is considered lawful from the time it is announced.

A cure according to § 45 VwVfG comes into consideration if a hearing required according to § 28 paragraph 1 VwVfG has not been taken. To do this, the authority must subsequently deal with the submissions of those involved and question the decision that has already been made in a results-oriented manner.

Irrelevance of formal errors, § 46 VwVfG

According to § 46 VwVfG, an error in an administrative act is irrelevant if it obviously did not influence the factual decision. In contrast to the cases of Section 45 VwVfG, this does not affect the illegality of the administrative act. Section 46 VwVfG only excludes the citizen's fundamental right to have the illegal administrative act repealed. This serves the process economy.

The consequence of § 46 VwVfG comes into consideration in the case of errors regarding the local jurisdiction, the procedure and the form. A mistake is irrelevant if it obviously did not affect the decision. This can be the case with bound decisions because only one decision is materially lawful. If the authority had several options for decision-making (especially in the case of discretionary decisions), it cannot normally be ruled out that the error has had an impact.

Reinterpretation of an administrative act, § 47 VwVfG

→ Main article : Reinterpretation (law)

According to § 47 VwVfG, an incorrect administrative act may be reinterpreted as another administrative act. An unlawful extraordinary dismissal can thus be reinterpreted as a lawful ordinary one. This is similar to Section 140 BGB , which allows a declaration of intent to be reinterpreted. The reinterpretation is intended to avoid the implementation of a new administrative procedure. The reinterpretation is seldom used in legal practice.

A prerequisite for a reinterpretation is the identity of its target direction and formal and substantive legality. According to § 47 Paragraph 2 Clause 1 VwVfG, the reinterpretation must not lead to a contradiction to the recognizable will of the authority. The legal consequences for the person concerned must not become less favorable. Before the reinterpretation, the person concerned must be heard in accordance with Section 47 (4) VwVfG.

Repeal of an administrative act

→ Main article : Repeal (administrative act)

A repealed administrative act is ineffective. Cancellations can be made in different ways.

An administrative act challenged by legal remedy can be repealed by the objection authority as well as by a court in accordance with Section 113 (1) sentence 1 VwGO if it is unlawful and violates the rights of the objector or plaintiff.

The authority can also revoke an administrative act it has issued itself. This can affect both legal and illegal administrative acts. This is of practical importance when an administrative act is already final and can no longer be attacked. Since the retroactive elimination of an administrative act can be disadvantageous from the point of view of the person concerned, for example because it is a favorable administrative act, the law takes different precautions to ensure an adequate protection of legitimate expectations . In principle, this is based on the general administrative procedure laws of the federal and state governments. Some laws contain more specific regulations that are tailored to the specifics of the subject matter. Such can be found in Sections 44 to 47 of the Social Code Book X and Section 15 of the Catering Act .

Redemption, § 48 VwVfG

→ Main article : Withdrawal (administrative law)

Section 48 VwVfG deals with the repeal of an illegal administrative act, which is referred to as withdrawal. Here there is a conflict between the interest in the establishment of a lawful state of affairs and the protection of the confidence of those affected in the maintenance of the administrative act. In order to properly resolve this conflict, Section 48 VwVfG differentiates between the withdrawal of burdensome and beneficial administrative acts.

Burdensome administrative act

If the administrative act charges its addressee, its withdrawal is at the discretion of the authority in accordance with Section 48 (1) sentence 1 VwVfG. In principle, the person charged has the right to have the authority make a decision on the withdrawal without any discretionary error. This claim is condensed into a claim for redemption if the continuation of the administrative act would result in an unbearable situation. This comes into question, for example, if it is obviously unlawful, an appeal to incontestability would be unfaithful or immoral, or the administration has committed itself to a certain decision-making practice .

Beneficial administrative act

Withdrawal is more difficult if the administrative act has a beneficial effect. The addressee then has a special interest in ensuring that the administrative act persists. Therefore, the law restricts the authority's right to retrospectively withdraw such an administrative act.

Section 48 (2) VwVfG regulates the repeal of an administrative act that grants a cash benefit or a divisible benefit in kind, such as a subsidy. This may be withdrawn if the beneficiary has no overriding trust in its continued existence that is worthy of protection. Such trust usually exists if the beneficiary has used up the service or has made an asset disposition that he can no longer reverse or only with unreasonable disadvantages. Section 48 (2) sentence 3 VwVfG, however, names cases in which the protection of legitimate expectations is ruled out from the outset: obtaining the administrative act through deception, threats, bribery, incorrect or incomplete information and willful or grossly negligent ignorance of the illegality of the administrative act.

Section 48 (3) VwVfG regulates the cancellation of administrative acts that do not fall under Section 48 (2) VwVfG. Such can only be canceled as a whole. Therefore, the protection of trust takes place through the granting of compensation . It is disputed whether and to what extent the authority can consider aspects of the protection of legitimate expectations in its discretionary decision.

Redemption period

Pursuant to Section 48 (4) sentence 1 VwVfG, the withdrawal of an administrative act is only permitted within one year from the time the competent authority became aware of it. However, according to Section 48 (4) sentence 2 VwVfG, there is no binding deadline if the administrative act was obtained through deception , threats or bribery .

According to the case law, Section 48 (4) sentence 1 VwVfG is a decision-making period. Therefore, the deadline only begins as soon as the authority becomes aware of all the facts that are important for the decision on the withdrawal. In addition to external circumstances, the term fact also includes errors in the application of the law. The authority gains knowledge when the competent authority employee learns of the facts or would have learned them if the course of events was proper.

Influences of European Union law

The repeal of administrative acts is influenced by Union law . This is of practical importance in particular when recovering aid in favor of private individuals who violate Union law. In view of the importance of the state aid rules for the functioning of the internal market, the interest in the creation of a situation in conformity with Union law outweighs the protection of legitimate expectations. Furthermore, the deadline of Section 48 (4) VwVfG does not apply so that a national authority does not prevent the effective enforcement of Union law by inaction. After all, the authority's take-back measure is usually reduced to zero.

According to the case law of the European Court of Justice, on the other hand, an administrative act contrary to Union law with an onerous effect does not have to be withdrawn for reasons of legal certainty, not even in the event of a breach of Union law. However, the authority is obliged to review its decision if an administrative act has become final through a final court decision, no preliminary ruling procedure has been carried out, although such a procedure would have been necessary, and the addressee turns to the authority after becoming aware of the Union law situation.

Revocation, § 49 VwVfG

→ Main article : Revocation (administrative act)

Section 49 VwVfG is tailored to the revocation of lawful administrative acts. According to the prevailing opinion, however, it also applies analogously to illegal administrative acts, since its requirements are stricter than those of Section 48 VwVfG. Also § 49 VwVfG distinguish between harmful and promote administrative acts. The revocation of an onerous administrative act is at the discretion of the authority. Additional requirements exist for the revocation of a favorable administrative act:

According to Section 49 (2) VwVfG, a favorable administrative act can be revoked if there is a reason for revocation under Section 49 (2) VwVfG. This includes, for example, the approval of the revocation by legal regulation or reservation of revocation or the non-fulfillment of a condition. According to Section 49 (6) VwVfG, certain reasons for revocation oblige the beneficiary to pay compensation.

If the administrative act grants a cash benefit or a divisible benefit in kind, it can also be revoked with effect for the past in two constellations in accordance with Section 49 (3) VwVfG: on the one hand, if the service is not provided, not immediately after it has been provided or no longer for the in the Administrative act is used for a specific purpose. On the other hand, if the administrative act is linked to a condition and the beneficiary has not fulfilled this or has not fulfilled it within a period set for him.

Section 49 (2) and (3) VwVfG refer to Section 48 (4) VwVfG, so that the revocation is subject to a time limit.

Reclaim of a service, § 49a VwVfG

If an administrative act that has granted its addressee a service is canceled, the competent authority demands the return of the service by means of an administrative act in accordance with Section 49a VwVfG. This is a bound decision. Section 49a VwVfG supersedes the unwritten general public law reimbursement claim . The reclamation takes place by administrative act. The reimbursement obligation is based on § 49a paragraph 2 sentence 1 VwVfG according to the enrichment right of the civil code .

Repeal during appeal proceedings, Section 50 VwVfG

Section 50 VwVfG represents the relevant regulation if an authority cancels a favorable administrative act while it is being contested by a third party. In this case, the special protection of legitimate expectations of § 48 and § 49 VwVfG do not apply if the repeal remedies the legal remedy. This is based on the fact that there is no basis for protection of legitimate expectations due to the lack of validity of the administrative act.

Section 50 VwVfG applies directly to the repeal in accordance with Section 48 and Section 49 VwVfG. The standard is applied accordingly to the repeal in accordance with more specific regulations, provided that these do not contain any independent regulations with regard to thecase regulatedin Section 50 VwVfG.

It is disputed whether the legal consequence of § 50 VwVfG also occurs if the third party's legal remedy is inadmissible or unfounded. The prevailing opinion is that the legal remedy must be both admissible and justified, since the weakening of the protection of legitimate expectations would otherwise unreasonably disadvantage the beneficiary.

Resumption of the procedure, § 51 VwVfG

→ Main article : Retrial

Section 51 VwVfG enables the person affected by an incontestable administrative act to revisit the administrative procedure and allow the authority to decide retrospectively on the repeal or amendment of the administrative act.

In the judiciary, an application to reopen the proceedings is enforced in the opinion of the Federal Administrative Court by means of a mandatory action aimed at the issue of a new decision on the matter.

Admissibility of a request for revision

An application for a reopening is permissible if the person concerned conclusively demonstrates that one of the reasons for a reopening listed in Section 51 (1) VwVfG is present. As such, the standard names the subsequent change in the legal situation in favor of the person concerned, the presence of new evidence in favor of the person concerned and the presence of a reason for reopening in accordance with Section 580 of the Code of Civil Procedure . Furthermore, through no gross negligence, the applicant must have been unable to assert the reason for the revision in the earlier proceedings. Finally, he must have submitted the application within three months of becoming aware of the reason for the reopening.

If one of these prerequisites is missing, the authority rejects the application by issuing a declaratory administrative act, which is referred to as a repeating order .

The merits of a request for revision

The application is justified if there is a reason for reopening. If this is not the case, the authority issues a second decision in which it refuses to be taken up again. Otherwise it will decide on the cancellation of the final administrative act. It is controversial which standard the authority has to apply here. According to the prevailing opinion, the test standard results from the respective specialist law on which the administrative act to be examined was based. According to a different opinion, the authority decides on the basis of the reference in Section 51 (5) according to Sections 48 to 50 VwVfG, so that it decides on the repeal at its own discretion.

Ancillary provision to the administrative act

→ Main article : Ancillary provision

Ancillary provisions are additions to an administrative act that expand or restrict its regulatory content. They can become relevant when a citizen applies for a permit. If the prerequisites for this are not met, they can be brought about with the help of an additional regulation in the form of an ancillary provision. The possibilities for an official decision are thereby expanded, because the circumstances of the individual case can be adequately taken into account.

The basics of the ancillary provision are regulated in Section 36 VwVfG. There are five forms of ancillary provision: the condition, the time limit, the reservation of revocation, the condition and the reservation of conditions. In addition, more specific laws can provide for other forms of ancillary provisions.

Enforcement of the administrative act

→ Main article : Administrative enforcement

Towing an illegally parked vehicle as a substitute service

An administrative act can be enforced by the issuing authority. A distinction can be made between the enforcement of an action, tolerance or omission and the enforcement of a monetary claim. The right of administrative enforcement is regulated for federal authorities in the Federal Administrative Enforcement Act and in the law on direct coercion in the exercise of public authority by federal enforcement officers , for state authorities in the corresponding state laws.

Enforcement acts presuppose that the administrative act has an enforceable content (commands and prohibitions) and is already enforceable. It is enforceable if it is final or if there is no suspensive effect . Coercive means are substitute performance , coercion and direct coercion . As a rule, enforcement takes place in the stretched procedure . As an exception, it can take place immediately without a prior administrative act .

The enforcement of a monetary claim determined by a performance notice requires that the requested benefit is due in addition to the enforceability. One week must have elapsed since the notification was announced without full performance. The enforcement procedure is based on the tax code .

Legal protection

→ Main article : Administrative procedural law (Germany)

An administrative act can be challenged with an objection and, if necessary, with a lawsuit. The VwGO essentially distinguishes between two legal protection goals: the challenge of an administrative act and the obligation to issue one.

Preliminary proceedings

→ Main article : Preliminary proceedings

In the preliminary proceedings, an authority checks an administrative act for its legality and expediency. This procedure, which precedes the filing of a lawsuit, has three main purposes: self-regulation by the administration, relieving the courts and opening up an additional possibility of legal protection for citizens.

The preliminary proceedings are initiated in accordance with § 69 VwGO by filing an objection to the administrative act at the authority that issued it, i.e. at the exit authority. According to Section 80 (1) VwGO, this basically has suspensive effect, i.e. it inhibits the enforceability of the administrative act.

If the objection is admissible and well-founded, the exit authority will remedy it in accordance with Section 72 VwGO by complying with the request of the objector. Otherwise, it submits the objection pursuant to Section 73 (1) sentence 2 number 1 VwGO to the competent higher authority, which decides by means of an objection notice if the exit and objection authorities do not match.

Section 68 (1) sentence 2 VwGO empowers the federal statesto waivethe objection procedure in the area of ​​the state's own administration and legal entities under public law that are subject to the supervision ofthe states within the framework of competing legislation. The federal states have made use of this option in various ways. Their aim is to reduce bureaucracy and save costs.

legal action

Another legal protection option is legal action. The admissibility of an action for rescission or obligation requires, according to § 68 paragraph 1 sentence 2 VwGO, that an unsuccessful objection procedure has been carried out beforehand.

With the help of an action for annulment pursuant to Section 42 (1) Alternative 1 VwGO, the plaintiff can have the court repeal an illegal administrative act. If the administrative act is dealt with during the proceedings, the plaintiff can convert his action to a continuation declaratory action in accordance with Section 113 (1) sentence 4 VwGO in order to establish that the administrative act was unlawful and violated his rights. This is useful, for example, if he wants to prepare an official liability process in which he intends to use the knowledge from the administrative process. The relevant point in time is that of the last decision by the authorities. If a notice of objection was issued, its issuance represents the relevant point in time, otherwise that of the administrative act.

With the action for an obligation under Section 42 (1) Alternative 2 VwGO, the plaintiff can oblige the authority to act if he has a claim to it. If such a claim exists and the matter is ready to be judged , the court obliges the authority to issue an administrative act in accordance with Section 113 (5) sentence 1 VwGO. If it is not ready for a ruling, the court obliges the authority to make a new decision on the adoption of the administrative act without legal errors in accordance with Section 113 (5) sentence 2 VwGO. The legal situation at the time of the last oral hearing is decisive.

Interim legal protection

→ Main article : Interim legal protection

In addition to filing a lawsuit, in urgent cases an application for interim legal protection can be considered. It serves the effective legal protection from Article 19 paragraph 4 GG. On the one hand, interim legal protection can prevent a state of affairs from being created through legal action that cannot be corrected by a later judgment, for example by executing an administrative act, until the dispute has been resolved. On the other hand, it makes it possible to obtain a court decision in time-critical situations.

With regard to administrative acts, the VwGO provides for two forms of temporary legal protection: The application for restoration of the suspensive effect of an appeal according to Section 80 (5) sentence 1 VwGO and the application for the issuance of a security or regulatory order according to Section 123 (1) VwGO.

An application according to § 80 paragraph 5 sentence 1 VwGO comes into question in contesting situations. Here the plaintiff is mainly contesting an administrative act against which an appeal has no suspensive effect. According to section 80 (2) sentence 1 number 2 VwGO, this applies to orders and measures taken by law enforcement officers that cannot be postponed . In interim proceedings, the plaintiff seeks the order or restoration of the suspensive effect of his legal remedy so that the administrative act cannot be carried out during the legal dispute.

In other cases, an application in accordance with Section 123 (1) VwGO that aims at provisional settlement of a situation may be considered. This is of particular practical importance, for example, in civil service law competitor lawsuits . The aim of the application is for the court to give up the authority to leave the office vacant until the main issue has been decided. Due to the intended preservation of the status quo, this is a security order. The regulation, on the other hand, aims to temporarily expand the applicants' legal framework, for example through provisional admission to a course of study.

costs

Administrative costs (fees and expenses) may be charged for the waiver, withdrawal or revocation of an administrative act . The legal basis is, for example, Section 10 of the Federal Fees Act . The procedure with social service providers is generally free of charge ( Section 64 of the Social Code Book X). The reimbursement of costs in the event of a successful objection is regulated by Section 80 VwVfG.

statistics

There are no official statistics on the administrative acts issued in Germany. However, individual administrators record their activities in their own interest and to justify public opinion, especially in opposition statistics. These relate the number of contested notices to the total number of decisions and describe the manner in which they were dealt with, for example by means of remedial and objection notices or by withdrawing the appellant. Opposition statistics are also used for public auditing .

The main proceedings settled by the administrative courts in 2016 mainly concerned decisions on asylum law , followed by decisions in the public service ( civil service disputes according to Section 54 of the Civil Service Status Act ) and tax matters . In the social courts , decisions on SGB ​​II dominated . Lawsuits settled before the tax courts mostly concerned the assessment of income tax .

literature

• Markus Engert: The historical development of the legal institution administrative act . P. Lang, Frankfurt am Main 2002, ISBN 3-631-39690-2 .
• Alexandra Saager: The administrative act as a form of the award of contracts and concessions . 1st edition. Nomos, Baden-Baden 2017, ISBN 978-3-8487-4423-7 .
• Reimund Schmidt-De Caluwe: The administrative act in Otto Mayer's teaching: state-theoretical foundations, dogmatic design and their constitutional transitoriness . Mohr Siebeck, Tübingen 1999, ISBN 3-16-147025-7 .

Web links

Wiktionary: Administrative act  - explanations of meanings, word origins, synonyms, translations

• Fundamental rights in the benefit state. The dogmatics of administrative law before the present tasks of administration. Reports and discussions at the meeting of the Association of German Constitutional Law Teachers in Regensburg from September 29 to October 2, 1971. Publications of the Association of German Constitutional LawTeachers, Vol. 30. 1. Report by Otto Bachof , pp. 194–244; 2. Report by Winfried Brohm , pp. 245-312; Pronunciation and Closing Words, pp. 313–364
• Eberhard Schmidt-Aßmann, Stéphanie Dagron: German and French administrative law in comparison of their regulatory ideas - on the cohesion, openness and mutual learning ability of legal systems . In: Journal for Foreign Public Law and International Law 2007, pp. 395–468.
• Ulrich Ramsauer: Differentiation between general decree and ordinance . In: Juridica international, 2014.

Individual evidence

1. ↑ ^{a b c} Florian von Alemann, Fabian Scheffczyk: § 35 , Rn. 17-18. In: Johann Bader, Michael Ronellenfitsch (Ed.): Beck'scher Online Comment VwVfG, 38th Edition 2018.
2. ^ Heinz Mohnhaupt: From privilege to administrative act. Observations on the history of dogma in Germany since the middle of the 18th century , in: Historical comparison in the field of state and law. Collected Essays. Ius Commune special issue 134, Frankfurt am Main: Klostermann 2000.
3. ↑ Reimund Schmidt-De Caluwe : The administrative act in Otto Mayer's teaching: state-theoretical foundations, dogmatic design and their constitutional transitoriness. Tübingen: Mohr Siebeck, 1999. urn : nbn: de: hebis: 26-opus-1255 (abstract)
4. ↑ Markus Engert: The historical development of the legal institution administrative act . Frankfurt am Main 2002, ISBN 3-631-39690-2 , p. 47 .
5. ^ Max Weber: Economy and Society , Tübingen 1921.
6. ^ Matthias Ruffert: § 21, Rn. 1. In: Dirk Ehlers, Hermann Pünder (ed.): General administrative law . 15th edition. De Gruyter, Berlin 2016, ISBN 978-3-11-036835-2 . Retrieved from De Gruyter Online.
7. ↑ Florian von Alemann, Fabian Scheffczyk: § 35 , Rn. 19. In: Johann Bader, Michael Ronellenfitsch (Ed.): Beck'scher Online Comment VwVfG, 38th Edition 2018.
8. ↑ ^{a b} Helge Sodan, Jan Ziekow: Basic Course in Public Law , 6th edition 2014, § 74 Rn. 1, ISBN 978-3-406-66169-3 .
9. ↑ ^{a b} Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 13 Rn. 3.
10. ↑ Adolf Rebler: For facts effect and determining effect of (illegal) administrative acts . In: Deutsches Verwaltungsblatt 2017, p. 1279
11. ^ Anton Zimmermann: The consequences of the illegality of legal norms . In: Legal worksheets 2018, p. 249.
12. ^ Hartmut Maurer, Christian Waldhoff: General administrative law . 19th edition. CH Beck, Munich 2017, ISBN 978-3-406-68177-6 , § 10, Rn. 85.
13. ^ Stefan Muckel: Administrative enforcement in the exam . In: Legal worksheets 2012, p. 272.
14. ^ Matthias Ruffert: § 21, Rn. 12. In: Dirk Ehlers, Hermann Pünder (ed.): General administrative law . 15th edition. De Gruyter, Berlin 2016, ISBN 978-3-11-036835-2 . Retrieved from De Gruyter Online.
15. ^ Matthias Ruffert: § 21, Rn. 3. In: Dirk Ehlers, Hermann Pünder (ed.): General administrative law . 15th edition. De Gruyter, Berlin 2016, ISBN 978-3-11-036835-2 . Retrieved from De Gruyter Online.
16. ↑ Justizverwaltungsakt rechtslexikon.net, accessed on June 11, 2018
17. ^ Hans Bull, Veith Mehde: General administrative law with administrative theory . 9th edition. CF Müller, Heidelberg 2015, ISBN 978-3-8114-9349-0 , Rn. 1009
18. ^ Hans Bull, Veith Mehde: General administrative law with administrative theory . 9th edition. CF Müller, Heidelberg 2015, ISBN 978-3-8114-9349-0 , Rn. 687.
19. ^ Paul Stelkens: § 35 , Rn. 50. In: Paul Stelkens, Heinz Bonk, Michael Sachs (eds.): Administrative Procedure Act: Comment . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
20. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 6 Rn. 5.
21. ↑ BVerwG, judgment of August 30, 2006, 10 B 38/06.
22. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 12 marginal no. 6th
23. ↑ Wolfgang Kahl: The administrative act - meaning and concept . In: Jura 2001, p. 505 (507).
24. ↑ Günter Henneke: § 35 , Rn. 20. In: Hans Knack, Günter Henneke (Ed.): VwVfG Comment . 10th edition. Heymanns, Cologne 2014, ISBN 978-3-452-28170-8 .
25. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 12 marginal no. 4-5.
26. ^ Volker Schlette: The administration as a contractual partner . Mohr Siebeck, Tübingen 2000, ISBN 978-3-16-147224-4 , p. 189-190 .
27. ↑ Kay Waechter: The contract under public law . In: JuristenZeitung 2006, p. 166 (168).
28. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 12 marginal no. 7th
29. ^ Elmar Krüger: The opening of the administrative judicial process . In: Legal Training 2013, p. 598.
30. ^ Matthias Ruffert: § 21, Rn. 41. In: Dirk Ehlers, Hermann Pünder (Ed.): General administrative law . 15th edition. De Gruyter, Berlin 2016, ISBN 978-3-11-036835-2 . Retrieved from De Gruyter Online.
31. ↑ BVerwGE 77, 268 (271).
32. ↑ Susan Grotefels: § 16, Rn. 52. In: Werner Hoppe, Christian Bönker, Susan Grotefels (eds.): Public building law: spatial planning law, urban planning law, building regulation law . 4th edition. CH Beck, Munich 2010, ISBN 978-3-406-59163-1 .
33. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 12 marginal no. 12.
34. ↑ BVerwGE 31, 301 (306).
35. ↑ Adelheid Puttler: § 80 , Rn. 80. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court order: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
36. ^ VGH Munich, decision of January 25, 2010, 7 ZB 08.1476 = Bayerische Verwaltungsblätter 2011, p. 212.
37. ^ VG Braunschweig, judgment of February 18, 2004, 6 A 106/03 = New Journal for Administrative Law, Case Law Report 2004, p. 576.
38. ^ Carsten Morgenroth: Assessments of individual examination performances as administrative files . In: New Journal for Administrative Law 2014, p. 32 (33).
39. ↑ Helge Sodan: § 42 , Rn. 269. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court regulations: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
40. ^ Eva Marie vom Rath: Offsetting and accounting: administrative act or public law declaration of intent? In: Public Administration 2010, p. 180 (181).
41. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 12 marginal no. 19th
42. ^ Hartmut Maurer, Christian Waldhoff: General administrative law . 19th edition. CH Beck, Munich 2017, ISBN 978-3-406-68177-6 , § 9, Rn. 15th
43. ↑ ^{a b} Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 12 marginal no. 23.
44. ^ OVG North Rhine-Westphalia, judgment of October 29, 2007, 15 B 1517/07 = New Journal for Administrative Law Jurisprudence Report 2008, p. 487.
45. ↑ Christian Waldhoff: Comment on HmbOVG, decision of June 30, 2014, 1 Bs 121/14 . In: Legal Training 2015, p. 383.
46. ↑ BVerwGE 60, 144 (147).
47. ↑ Helge Sodan: § 42 , Rn. 160. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court order: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
48. ^ Hartmut Maurer, Christian Waldhoff: General administrative law . 19th edition. CH Beck, Munich 2017, ISBN 978-3-406-68177-6 , § 9, Rn. 24.
49. ↑ Julian Krüper: The agreement of the municipality according to § 36 BauGB - material, procedural and procedural aspects . In: Journal for Legal Studies 2010, p. 582 (584).
50. ^ VG Ansbach, judgment of June 21, 2017, AN 4 K 16.02256.
51. ^ Martin Burgi: Municipal law . 5th edition. CH Beck, Munich 2015, ISBN 978-3-406-67566-9 , § 8, Rn. 16.
52. ↑ BVerwGE 18, 40 .
53. ^ OVG Brandenburg, judgment of December 30, 1996, 4 B 175/96 = Neue Zeitschrift für Verwaltungsrecht, Jurisprudence Report 1997, p. 555.
54. ^ Matthias Ruffert: § 21, Rn. 51. In: Dirk Ehlers, Hermann Pünder (ed.): General administrative law . 15th edition. De Gruyter, Berlin 2016, ISBN 978-3-11-036835-2 . Retrieved from De Gruyter Online.
55. ^ Hartmut Maurer, Christian Waldhoff: General administrative law . 19th edition. CH Beck, Munich 2017, ISBN 978-3-406-68177-6 , § 9, Rn. 46.
56. ^ Matthias Ruffert: § 21, Rn. 52. In: Dirk Ehlers, Hermann Pünder (Ed.): General administrative law . 15th edition. De Gruyter, Berlin 2016, ISBN 978-3-11-036835-2 . Retrieved from De Gruyter Online.
57. ↑ BVerwG, judgment of January 22, 1971, IV C 62.66 .
58. ^ Paul Stelkens: § 35 , Rn. 221-222. In: Paul Stelkens, Heinz Bonk, Michael Sachs (eds.): Administrative Procedure Act: Comment . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
59. ↑ BVerwGE 37, 103
60. ↑ ^{a b c} Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 12 marginal no. 41-43.
61. ↑ BVerwG, decision of March 11, 2010, 7 B 36.09 = Neue Juristische Wochenschrift 2010, p. 1686.
62. ^ ^{A b} Tristan Barczak: Typology of the administrative act . In: Juristische Schulung 2018, p. 238 (245).
63. ^ Hans Bull, Veith Mehde: General administrative law with administrative theory . 9th edition. CF Müller, Heidelberg 2015, ISBN 978-3-8114-9349-0 , Rn. 584.
64. ^ Tristan Barczak: Typology of the administrative act . In: Legal Training 2018, p. 238 (243).
65. ↑ BVerwG, decision of 5 January 2012 - 8 B 62.11 marginal no. 13
66. ↑ Gerrit Manssen: The term "administrative act with lasting effect" in SGB X . In: Zeitschrift für Sozialhilfe und Sozialgesetzbuch 1991, p. 225.
67. ^ Achim Fuhrmanns: Protection of confidence in German and Austrian public law . Justus Liebig University, Giessen 2004, p. 72.
68. ^ Michael Kloepfer: Chain administration file and reservation of revocation. On the reliability of temporary administrative acts. In: Deutsches Verwaltungsblatt 1972, p. 371.
69. ↑ BVerwGE 67, 99 .
70. ↑ Ulrich Schröder: The preliminary administrative act . In: Jura 2010, p. 255.
71. ^ Tristan Barczak: Typology of the administrative act . In: Legal Training 2018, p. 238 (241).
72. ↑ BVerwGE 81, 84 .
73. ^ Tristan Barczak: Typology of the administrative act . In: Legal Training 2018, p. 238 (239).
74. ↑ Annette Guckelberger: The legal figure of approval fiction . In: Public Administration 2010, p. 109.
75. ↑ BVerfG, judgment of June 6, 1983, 2 BvR 244, 310/83 = Neue Juristische Wochenschrift 1983, p. 2135; BVerwG, judgment of March 16, 1988, 1 B 153/87 = Neue Zeitschrift für Verwaltungsrecht 1988, p. 621.
76. ↑ Max Weber : The bureaucratic-monocratic file-like administration , economy and society. Outline of Understanding Sociology, 1922, § 5.
77. ^ Wolfgang Sannwald: DMS and e-files. The renaissance of the filing plan publicus-boorberg.de, 11–2013.
78. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 13 Rn. 7th
79. ↑ Klaus Füßer: Deadline for the objection period when the building permit is announced to third parties . In: Landes- und Kommunalverwaltung 1996, p. 314.
80. ↑ OVG Münster, decision of October 10, 2012, 2 B 1090/12 = construction law 2013, p. 507.
81. ↑ Guy Beaucamp: Legal issues relating to the disclosure under § 41 VwVfG . In: Legal worksheets 2016, p. 436.
82. ^ Paul Stelkens: § 41 , Rn. 119-125. In: Paul Stelkens, Heinz Bonk, Michael Sachs (eds.): Administrative Procedure Act: Comment . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
83. ↑ ^{a b} Boas Kümper: The traffic sign as a source of classic problems of administrative and administrative procedural law . In: Juristische Schulung 2017, p. 731 (734).
84. ↑ BVerwGE 27, 181 (184).
85. ↑ BVerwGE 59, 221 (226).
86. ↑ ^{a b} BVerwGE 138, 21 .
87. ↑ BVerwGE 154, 365 .
88. ↑ Boas Kümper: The traffic sign as a source of classic problems of administrative and administrative procedural law . In: Juristische Schulung 2017, p. 731 (735).
89. ^ Dörte Herrmann: From the life of an administrative act . In: Journal for Legal Studies 2011, p. 25 (26).
90. ↑ BVerwG, decision of July 27, 2005 - 6 B 37.05
91. ↑ Steffen Detterbeck: Priority and reservation of the law . In: Jura 2002, p. 235.
92. ↑ Hans-Uwe Erichsen: Priority and reservation of the law . In: Jura 1995, p. 550.
93. ↑ Stefan Muckel: Comment on BVerfG, decision of August 11, 2009, 2 BvR 941/08 . In: Legal worksheets 2010, p. 74.
94. ^ Dietrich Jesch: Law and Administration , 1968, p. 34.
95. ↑ BVerwG, judgment of July 18, 2002, 3 C 54.01 = Neue Zeitschrift für Verwaltungsrecht 2003, p. 92.
96. ^ Hans Bull, Veith Mehde: General administrative law with administrative theory . 9th edition. CF Müller, Heidelberg 2015, ISBN 978-3-8114-9349-0 , Rn. 165-169.
97. ↑ BVerwGE 71, 354 (357).
98. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 14 marginal no. 10-12.
99. ↑ Martin Burgi: § 8, Rn. 35. In: Dirk Ehlers, Hermann Pünder (ed.): General administrative law . 15th edition. De Gruyter, Berlin 2016, ISBN 978-3-11-036835-2 .
100. ↑ VG Oldenburg, judgment of January 14, 2011, 7 A 1212/09 para. 38 ff.
101. ^ Annette Guckelberger: Hearing errors in administrative files . In: Juristische Schulung 2011, p. 577 (577–578).
102. ↑ BVerfG, decision of May 29, 2002, 2 BvR 723/99 = New Journal for Administrative Law 2002, p. 1368.
103. ↑ Martin Kment, Sebastian Vorwalter: Scope and discretion . In: Juristische Schulung 2015, p. 193 (197).
104. ↑ BVerwGE 90, 18 (24).
105. ↑ Martin Kment, Sebastian Vorwalter: Scope and discretion . In: Juristische Schulung 2015, p. 193 (198).
106. ↑ Christian Hufen: discretion and indefinite legal concept . In: Journal for Legal Studies 2010, p. 603.
107. ↑ BVerwGE 120, 382 .
108. ^ Andreas Voßkuhle, Ann-Katrin Kaufhold: Basic knowledge - public law: administrative regulations . In: Legal Training 2016, p. 314.
109. ↑ Martin Kment, Sebastian Vorwalter: Scope and discretion . In: Juristische Schulung 2015, p. 193 (200).
110. ↑ Martio Martini, Xaver Finkenzeller: The weighing error theory . In: Juristische Schulung 2012, p. 126 (127).
111. ^ Hartmut Maurer, Christian Waldhoff: General administrative law . 19th edition. CH Beck, Munich 2017, ISBN 978-3-406-68177-6 , § 10, Rn. 25th
112. ↑ Michael Sachs: § 42 , Rn. 1-2. In: Paul Stelkens, Heinz Bonk, Michael Sachs (eds.): Administrative Procedure Act: Comment . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
113. ↑ Michael Fremuth: Formal errors in the administrative act and their consequences . In: Juristische Arbeitsblätter 2012, p. 844.
114. ↑ BVerwGE 19, 284 .
115. ↑ OLG Celle, judgment of May 12, 1969, 2 Ss 36/69 = Neue Juristische Wochenschrift 1969, p. 2250.
116. ↑ Michael Sachs: § 45 , Rn. 21. In: Paul Stelkens, Heinz Bonk, Michael Sachs (eds.): Administrative Procedure Act: Commentary . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
117. ↑ Günter Henneke: § 45 , Rn. 15. In: Hans Knack, Günter Henneke (Ed.): VwVfG Commentary . 10th edition. Heymanns, Cologne 2014, ISBN 978-3-452-28170-8 .
118. ↑ BVerwGE 68, 275 .
119. ↑ BVerwG, judgment of March 22, 2012, 3 C 16/11 = Neue Juristische Wochenschrift 2012, p. 2825.
120. ↑ Michael Sachs: § 46 , Rn. 1. In: Paul Stelkens, Heinz Bonk, Michael Sachs (eds.): Administrative Procedure Act: Commentary . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
121. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 15 marginal no. 20th
122. ↑ BVerwGE 91, 73 .
123. ↑ Michael Fremuth: Formal errors in the administrative act and their consequences . In: Juristische Arbeitsblätter 2012, p. 844 (845).
124. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 15 marginal no. 21st
125. ^ Sylvia Calmes-Brunet: Legal security and protection of legitimate expectations in administrative law . In: Juristische Schulung 2014, p. 1077 (1079).
126. ↑ Mario Martini: The repeal of administrative acts according to §§ 48 ff. VwVfG - protection of trust in the withdrawal (§ 48 II, III VwVfG). In: Legal worksheets 2016, p. 830.
127. ^ Hans Bull, Veith Mehde: General administrative law with administrative theory . 9th edition. CF Müller, Heidelberg 2015, ISBN 978-3-8114-9349-0 , Rn. 789-798.
128. ↑ VGH Kassel, judgment of September 14, 1994, 1 UE 3835/88 = Neue Zeitschrift für Verwaltungsrecht 1995, p. 394 (395).
129. ↑ Daniel Krausnick: Basic cases to §§ 48, 49 VwVfG . In: Juristische Schulung 2010, p. 594 (598).
130. ↑ BVerwG, judgment of January 17, 2007, 6 C 32.06 = Neue Zeitschrift für Verwaltungsrecht 2007, p. 709 (710).
131. ↑ Mario Martini: The repeal of administrative acts according to §§ 48 ff. VwVfG - protection of trust in the withdrawal (§ 48 II, III VwVfG). In: Juristische Arbeitsblätter 2016, p. 830 (830–831).
132. ↑ Hans-Uwe Erichsen, Dirk Brügge: The withdrawal of administrative files according to § 48 VwVfG . In: Jura 1999, p. 155 (162).
133. ↑ Hubert Meyer: § 48 , Rn. 114. In: Hans Knack, Günter Henneke (Ed.): VwVfG Commentary . 10th edition. Heymanns, Cologne 2014, ISBN 978-3-452-28170-8 .
134. ↑ Mario Martini: The cancellation of administrative acts §§ 48 ff. VwVfG - withdrawal period (§ 48 IV VwVfG) . In: Juristische Arbeitsblätter 2017, p. 838 (839–840).
135. ^ Gernot Sydow: Europeanized administrative procedures . In: Juristische Schulung 2005, p. 97.
136. ↑ BVerwGE 92, 81 .
137. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 16 marginal no. 35.
138. ^ Heiko Sauer: Staatsrecht III . 4th edition. CH Beck, Munich 2016, ISBN 978-3-406-69544-5 , § 8, Rn. 45-52.
139. ^ Heiko Sauer: Staatsrecht III . 4th edition. CH Beck, Munich 2016, ISBN 978-3-406-69544-5 , § 8, Rn. 53-57.
140. ↑ BVerwG, judgment of December 14, 1989, 3 C 30/87 = Neue Juristische Wochenschrift 1991, p. 766 (768).
141. ↑ Daniel Krausnick: Basic cases to §§ 48, 49 VwVfG . In: Juristische Schulung 2010, p. 778 (779).
142. ↑ Daniel Krausnick: Basic cases to §§ 48, 49 VwVfG . In: Juristische Schulung 2010, p. 778 (780–781).
143. ↑ Daniel Krausnick: Basic cases to §§ 48, 49 VwVfG . In: Juristische Schulung 2010, p. 778 (781).
144. ↑ Iris Kemmler: General right to sacrifice and right to reimbursement under public law . In: Juristische Arbeitsblätter 2005, p. 659 (660).
145. ↑ Michael Sachs: § 50 , Rn. 1-2. In: Paul Stelkens, Heinz Bonk, Michael Sachs (eds.): Administrative Procedure Act: Comment . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
146. ↑ Marc Falkenbach: § 50 , Rn. 3. In: Johann Bader, Michael Ronellenfitsch: Beck'scher Online Commentary VwVfG: Falkenbach, 38th Edition 2018.
147. ↑ BVerwG, judgment of February 15, 1990, 4 C 39.86 = Neue Zeitschrift für Verwaltungsrecht 1990, p. 857.
148. ↑ BVerwG, judgment of August 4, 1982, 4 C 42.79 = New Journal for Administrative Law 1983, p. 285.
149. ↑ Thorsten Sasse: The resumption of the procedure according to § 51 VwVfG . In: Jura 2009, p. 493.
150. ↑ Thorsten Sasse: The resumption of the procedure according to § 51 VwVfG . In: Jura 2009, p. 493 (496).
151. ↑ ^{a b} Thorsten Sasse: The resumption of the procedure according to § 51 VwVfG . In: Jura 2009, p. 493 (494).
152. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 17 marginal no. 2.
153. ↑ BVerwGE 135, 121 .
154. ↑ Hubert Meyer: § 51 , Rn. 20. In: Hans Knack, Günter Henneke (Ed.): VwVfG Comment . 10th edition. Heymanns, Cologne 2014, ISBN 978-3-452-28170-8 .
155. ^ Hartmut Maurer, Christian Waldhoff: General administrative law . 19th edition. CH Beck, Munich 2017, ISBN 978-3-406-68177-6 , § 11, Rn. 61.
156. ↑ Hanns-Uwe Richter: The cancellation of administrative acts at the instigation of the administration and the person concerned . In: Juristische Schulung 1990, p. 719 (723).
157. ^ Andreas Voßkuhle, Anna-Bettina Kaiser: Basic knowledge - public law: ancillary provisions . In: Legal Training 2012, p. 699.
158. ^ Jörn Ipsen: General administrative law . 10th edition. Franz Vahlen, Munich 2017, ISBN 978-3-8006-5426-0 , Rn. 553.
159. ↑ Ulrich Stelkens: § 35 , Rn. 107. In: Paul Stelkens, Heinz Bonk, Michael Sachs (ed.): Administrative Procedure Act: Comment . 9th edition. CH Beck, Munich 2018, ISBN 978-3-406-71095-7 .
160. ^ Stefan Muckel: Administrative enforcement in the exam . In: Juristische Arbeitsblätter 2012, p. 272 ​​(273).
161. ^ Stefan Muckel: Administrative enforcement in the exam . In: Juristische Arbeitsblätter 2012, p. 272 ​​(273–274).
162. ^ Wilfried Erbguth, Annette Guckelberger: General administrative law with administrative procedural law and state liability law . 10th edition. Nomos, Baden-Baden 2020, ISBN 978-3-8487-6097-8 , § 19 marginal no. 29-31.
163. ↑ Max-Emanuel Geis: § 68 , Rn. 1. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court order: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
164. ↑ Adelheid Puttler: § 80 , Rn. 35. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court order: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
165. ↑ Max-Emanuel Geis: § 73 , Rn. 1. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court order: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
166. ↑ BVerfG, decision of May 9, 1973 - 2 BvL 43, 44/71 para. 37 ff.
167. ↑ cf. for Baden-Wuerttemberg: § 15 Law for the Implementation of the Administrative Court Regulations (AGVwGO) of October 14, 2008 (Journal of Laws 2008, 343, 356) and Berlin: § 4 (2) Law for the Implementation of the Administrative Court Regulations (AGVwGO) in the version of 22 February 1977 (GVBl. 1977, 557)
168. ↑ cf. for Bavaria: Art. 15 Law for the Implementation of the Administrative Court Regulations (AGVwGO) in the version published on June 20, 1992 (GVBl. p. 162)
169. ↑ cf. for Hesse: Section 16a of the Hessian Law for the Implementation of the Administrative Court Regulations (HessAGVwGO) in conjunction with Annex 1 HessAGVwGO in the version of October 27, 1997 (GVBl. I p. 381)
170. ^ Friedhelm Hufen: Administrative procedural law . 10th edition. CH Beck, Munich 2016, ISBN 978-3-406-69552-0 , § 5, Rn. 4th
171. ↑ Andreas Decker: The continuation declaratory action in the situation of the obligation action . In: Juristische Arbeitsblätter 2016, p. 241 (245).
172. ^ Heinrich Wolff: § 113 , Rn. 97. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court order: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
173. ↑ Klaus Gärditz, Johannes Orth: The relevant point in time for assessing the factual and legal situation in the administrative process . In: Jura 2013, p. 1100 (1107).
174. ↑ ^{a b} Andreas Voßkuhle, Thomas Wischmeyer: Basic knowledge - public law: preliminary legal protection in the administrative process . In: Juristische Schulung 2016, p. 1079 (1079–1080).
175. ↑ Walter Frenz: The obligation suit . In: Legal worksheets 2011, p. 917.
176. ↑ Adelheid Puttler: § 123 , para. 42. In: Helge Sodan, Jan Ziekow (Hrsg.): Administrative court order: large commentary . 4th edition. Nomos, Baden-Baden 2014, ISBN 978-3-8487-0318-0 .
177. ↑ Gerhard Igl et al .: Approval and denial of benefits by health insurance companies Study for the Federal Government Commissioner for Patients and Nursing Agents , June 2017.
178. ↑ cf. Statistics on the processing of appeals in the tax offices Monthly report of the Federal Ministry of Finance , October 22, 2012.
179. ↑ cf. How often do errors occur in pension notices? DRV website , accessed on May 25, 2018.
180. ↑ cf. Contradictory statistics Barnimer citizen post 26 April, 2006., p. 12
181. ↑ cf. State Audit Office Brandenburg : Annual report 2008 p. 169.
182. ^ Federal Statistical Office : Administration of Justice. Administrative courts Fachserie 10 Reihe 2.4, October 26, 2017, p. 32.
183. ^ Federal Statistical Office : Administration of Justice. Social Courts Series 10 Series 2.7, September 20, 2017, p. 13.
184. ^ Federal Statistical Office : Administration of Justice. Finanzgerichte Fachserie 10 Reihe 2.5, July 3, 2017, p. 11.

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