Administrative bodies

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A representatives of public administration (or shortly administrative support ) is a carrier , the personnel and material resources provides thus an administrative action of public administration made possible.

Macro organization (administrative organization)

Macro organization

The administrative body is a legal person under public or private law . Organized under private law are z. As the German Research Foundation (as e. V. ) and often carriers of general interest (usually in the form of a GmbH ). In the case of legal entities under public law, a distinction can be made between direct and indirect state administration ( self-administration ). In the case of direct state administration, the federal government or the states perform the administrative tasks; in the case of indirect state administration, this is done by its corporations , institutions and foundations under public law . In the case of the latter, a distinction can again be made between those that the state has spun off as a self-governing body (genuine indirect state administration) and those that have been established socially and that the state has only adopted into public law (e.g. professional bodies ). The corporations and institutions of the indirect state administration of the federal government are referred to as direct federal corporations and institutions ( Art. 86 , Art. 87 (2 ) GG ). In addition to legal entities, there are also occasional loaned private individuals , called loaned parties , who have the characteristics of an administrative body. In their role as administrative bodies, natural and legal persons under private law are part of the indirect state administration. The administrative organization is the sum of the administrators.

Microorganization

Microorganization

Administrative bodies act - like all legal persons - through their organs ( administrative organs ). These are organizationally independent, but do not have their own legal personality . Functionally, they perceive certain administrative responsibilities . Hans Julius Wolff defined organ as an "institutional, independent subject of transitory responsibilities formed by organizing legal clauses". Organs are, for example, the managing director of a GmbH or the board of an AG . Their actions are attributed to their administrators.

The authorities are also to be classified here: All authorities are organs (although not all organs are authorities). The authority is not to be understood in the sense of administrative procedural law ( Section 1 (4) VwVfG : "any body that performs the tasks of public administration" ), but in the sense of administrative organization law: as organs that are authorized to perform public administration tasks with external impact (esp. the issuing of administrative acts and the conclusion of public law contracts ). Authorities act on behalf of their respective authorities, but in their own name. Internally, the authority may offices , departments , divisions or departments be divided.

The organs finally act through (mostly several) natural persons , the so-called organ administrators . It is you who ultimately z. B. act towards the citizen ( external relationship ). In contrast to local, factual and instantaneous responsibility, a lack of functional responsibility can only be in exceptional cases, e.g. B. in the case of particularly fundamental rights-intensive encroachments (e.g. according to § 33 SOG MV; see § 34 1 sentence 1 SOG MV), as it is only of importance in the internal relationship .

The classification of the administrative units is important for the question of who is to be sued (respondent). It should be noted here that the authorities themselves may be sued in spite of the lack of legal personality (e.g. in Mecklenburg-Western Pomerania in the case of rescission and obligation actions according to Section 78 (1) No. 2 VwGO in conjunction with Art. 1 § 14 Abs. 2 AGGerStrG MV or in Schleswig-Holstein according to § 6 AGVwGO Schl.-H.).

Examples

This can be the example of the administration community (a local authority ) illustrate. It consists of at least two organs, the mayor and the municipal council . These in turn act through their administrators, such as the member of the municipal council.

Another example is the administration of the Chamber of Crafts (a personal corporation ). Its organs are the general assembly , the board of directors and the committees.

Broadcasters can, for example, have an artistic director and a broadcasting council as organs.

The data protection officers of the federal states are organs of their federal state (although they cannot be clearly assigned to the administration due to their function as supervisory authority).

See also

literature

Individual evidence

  1. ↑ Hans Julius Wolff / Otto Bachof, Verwaltungsrecht II , 1976, p. 48