Administrative Court of Frankfurt am Main
The Frankfurt Administrative Court is the largest of the five administrative courts of first instance in Hesse . The court, founded in 1952, has its seat in Frankfurt am Main , since 2006 in the newly built courthouse at Adalbertstrasse 18 in the Frankfurt-Bockenheim district .
The court
Distribution of business, arbitration body
The court is divided into the (independent) judicial and the (bound by instructions) non-judicial area (court administration). For the distribution of litigation cases brought (allocation) is in the judicial area, the (by the judges selected) Bureau of judgment and responsibility in the non-judicial functions of the judiciary board: President 's Raynald Gerster , Vice President Günter Wiegand .
Decisions, appeals
The decisions ( judgments and resolutions) of the court are made by different panels : chambers and single judges . The chambers are staffed with three professional judges and two honorary judges . The decisions are final only partially, most judgments can also appeal to the restriction by the appeal of the appeal and the revision be challenged decisions by the complaint , if certain conditions are met. The appeal and complaint authority is the Higher Administrative Court, which in Hesse is called the Hessian Administrative Court and has its seat in Kassel .
Judicial district
The judicial district of the administrative court is the city of Frankfurt am Main as well as the districts of Hochtaunuskreis , Main-Kinzig-Kreis and Main-Taunus-Kreis ; in asylum proceedings, however, the judicial district does not include the Main-Taunus district, but the city and the Offenbach district . In 2011, 42 judges and 39 non-judicial employees were employed at the court. As of January 1, 2013, 37 judges and 35 non-judicial employees were employed.
The history
Lex Administrative Court Frankfurt am Main
The creation of the court founded in 1952 required its own Lex Verwaltungsgericht Frankfurt am Main , its own law. The court was initially housed in an old town house in Frankfurt's Westend and comprised two chambers with six full-time judges. The number of proceedings grew steadily, however, in 1958 there were six chambers with three full-time judges each; it was to remain that way for over 20 years, although inputs continued to grow rapidly.
Economic miracle and subsidy disputes
During the economic miracle , it was particularly the disputes about subsidies that the Frankfurt-based authorities (import and storage points for the agricultural market organization), and above all EEC funds (disputes over the granting of subsidies and contesting of claims for repayment ), distributed wrongly granted funds), which is why the chamber concerned was soon referred to as the European Chamber .
Construction boom and demonstrations
With the urban development policy of the city of Frankfurt am Main, another wave of proceedings rolled through the court's "building chamber" from the mid-1960s to the end of the 1970s (in 1973 there were approx. 2,000 proceedings: e.g. subway construction, high-rise buildings , Garbage fees from homeowners of occupied houses). The building chamber was also responsible for regulatory law, which from the end of the 1970s to around the end of the 1980s mainly consisted of disputes over the ban on (mostly Saturday) demonstrations, which the authorities often only banned on Friday (afternoon). The court's deliberations on the challenged prohibition order of the regulatory authority therefore often took place in the late evening (sometimes at night) before the decision was made. In 1982 there were already 6,000 cases.
Leisure time: gallery v. G.
A group of art-loving judges organized (since they "had" to be present on Friday afternoon because of the expected demo disputes) art exhibitions ("galerie vg", three exhibitions per year), which soon found imitators in the other Hessian administrative courts.
Structural change in administrative judicial action through the asylum procedure
The court consisted of seven chambers for around eleven years before another series of proceedings actually restructured not only the court but the entire administrative judiciary: the asylum procedure. Due to the Asylum Procedure Act which came into force in 1993 (renamed the Asylum Act on October 24, 2015 ), they have been distributed to almost all administrative courts in the Federal Republic (judicial and non-judicial staff doubled, a new floor was rented in the courthouse and new conference rooms were built, 2/3 of the files in each chamber now consisted of asylum procedure files). The Asylum Procedure Act 1993 introduced a new type of procedure: the airport procedure under asylum law .
"Web judge"
At the initiative of a few judges, the court got a website as early as the mid-1990s, and later a case law database, which was later included in the LaReDa state case law database.
The presidents of the court
- 1952–1953: Friedrich Müller
- 1954–1962: Georg Bankwitz (* 1898)
- 1962–1972: Joachim Kniesch (1907–1991)
- 1973–1977: Karl Becker
- 1977–1979: Wolfgang Muno
- 1979–2001: Dieter Neumeyer (* 1936)
- 2001–2008: Reiner Stahl
- 2008–2013: Roland Fritz (* 1947)
- since 2013: Rainald Gerster
See also
Web links
Individual evidence
- ↑ On the administrative courts in Hesse cf. Section 1 (2) of the Hessian Act for the Implementation of the Administrative Court Regulations (HessAGVwGO) .
- ↑ § 25 of the German Judges Act ; Art. 126 para. 2 of the Constitution of the State of Hesse
- ↑ § 13 of the Administrative Court Code (VwGO)
- ↑ § 4 VwGO in connection with §§ 21a - 21i of the Courts Constitution Act (GVG)
- ↑ § 5 Abs. 2 VwGO
- ↑ § 6 VwGO
- ↑ § 5 Paragraph 3 VwGO
- ↑ https://www.gesetze-im-internet.de/vwgo/__124a.html
- ↑ §§ 124-130b VwGO
- ↑ Sections 132–144 VwGO; https://www.gesetze-im-internet.de/vwgo/__132.html
- ↑ §§ 146–152a VwGO; https://www.gesetze-im-internet.de/vwgo/__146.html
- ^ New version of the Hessian law for the implementation of the administrative court order (GVBl. I 1997, p. 381)
- ^ Law on the Administrative Court in Frankfurt (Main) of December 22, 1953 (GVBl. P. 203); for the details of the establishment cf. Norbert Breunig Lex Frankfurt am Main Administrative Court in Hans-Joachim Höllein (Ed.) 50 Years of Administrative Jurisdiction in Hesse 1947–1997 , Kassel 1997, pp. 63–67; in an extended version also in Hohm / Schunder / Stahl (ed.) Administrative Court through the ages - 50 Years Administrative Court Frankfurt am Main , Munich (Beck) 2004, ISBN 3406526675 , pp. 25-30. According to the Prussian tradition, administrative courts only existed at the seat of the regional president (today: regional council), i.e. in Darmstadt, Kassel and Wiesbaden; The Wiesbaden court included not only the whole of Nassau (if still Hessian after the Second World War), but also the area of the city of Frankfurt am Main and that of the later Main-Kinzig district , which corresponded to the area of the administrative district of Wiesbaden after July 1st 1944. After the increased business volume, the judicial district was simply divided in the middle. The eastern part came to the Frankfurt court, the western part stayed with the Wiesbaden court.
- ↑ For the details cf. Günther Edelmann Documentation on the 30th anniversary of the Frankfurt am Main Administrative Court , typescript, Darmstadt 1982, also printed in Hohm / Schunder / Stahl (Ed.) Administrative Court in Change ... , Munich (Beck) 2004, ISBN 3406526675 , pp. 31-40 .
- ^ Karl-Heinz Hohm Structural change in administrative judicial action in Hohm / Schunder / Stahl (ed.) Verwaltungsgericht im Wandel ... , Munich (Beck) 2004, ISBN 3406526675 , pp. 76–84.
- ↑ Statistics on the development of the chambers at the Frankfurt Administrative Court can be found in Hans-Joachim Höllein (Ed.) 50 Years of Administrative Jurisdiction in Hesse ... , Kassel 1997, p. 106
- ↑ according to § 18a AsylG; to Bertold Huber The asylum law airport procedure in Hohm / Schunder / Steel administrative court in transition ... , Munich (Beck) 2004, ISBN 3406526675 , pp 76-84.
