Administrative Court of Württemberg-Hohenzollern
The Württemberg-Hohenzollern Administrative Court was the only administrative court that existed in the state of Württemberg-Hohenzollern . His seat was Bebenhausen . It was established in 1946 and continued to exist after the merger of the state with Baden and Württemberg-Baden to form the new state of Baden-Württemberg until the administrative jurisdiction was reorganized in 1958.
After Germany's defeat in World War II, the German courts initially ceased their activities - also by order of the occupying powers. In Württemberg-Hohenzollern the administrative jurisdiction was re-established on August 19, 1946. Unlike in almost all other countries, however, no two-stage structure was chosen, but only a single court was founded. One reason for this may have been the small size of the state, and this solution corresponded to the situation in Württemberg since 1924. The first president of the court was Alfred Neuschler , who was replaced by Robert Barth on September 1, 1951 . With only three full-time members, the Württemberg-Hohenzollern Administrative Court, together with the Bremen Higher Administrative Court, was the smallest administrative court in the Federal Republic of Germany.
The jurisdiction of the Administrative Court was initially determined according to the existing Württemberg and Prussian regulations, and from the beginning it was also responsible for administrative disputes for which an administrative court of the Reich had previously been responsible. Since neither Wuerttemberg nor Prussian law provided for comprehensive administrative legal protection, such was initially not given in Wuerttemberg-Hohenzollern either. With the entry into force of the Basic Law and thus the general guarantee of legal recourse under Article 19 IV, this legal situation was no longer constitutional, so that by the law amending the procedure before the Administrative Court and the administrative authorities of October 17, 1950 (Government Gazette for the State of Württemberg-Hohenzollern P. 301) a general clause was created with retroactive effect to May 24, 1949, according to which legal recourse to the Administrative Court was also permissible in the previously excluded cases.
literature
- Klaus Schüle: The State Court and the Administrative Court of Württemberg-Hohenzollern. Law series, Vol. 144. Pfaffenweiler 1993, pp. 76-105.