Administrative private law

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Overview of administrative actions

Under administrative private law the actions of is administrative support understood the tasks of public administration of services to the citizen in a private law legal form met. This is the case, for example, when the administration operates a public institution under private law, for example in the area of services of general interest, gas, water and electricity supply in the form of a GmbH . This does not mean procurement or asset management as well as commercial activities that serve to provide for yourself.

In these cases, the administration, even though it operates under private law, remains directly and fully bound by fundamental rights . The private administrative law thus does not offer the administration an " escape " from the binding of fundamental rights (" no escape into private law ").

Administrative private law is thus overlaid by the norms of public law. It can only be considered if primarily private law provisions are decisive. Processes are in accordance with § 13 GVG in the way of civil jurisdiction to enforce.

Performing administrative tasks in the form of private law can provide benefits management benefits. In private law, for example, there is a higher density of determinations, with regulations that are not required being largely available, which ensures that contracts can be drawn up more freely. In contrast, the administrative law is regulated incompletely and the norms are mostly of a mandatory nature. Finally, a legal person dependent on the municipality (e.g. the gas, water and electricity supply company) is largely beyond the control of the municipal council, which can be attractive for the local government.

See also

Individual evidence

  1. ^ Detterbeck , General Administrative Law with Administrative Procedure Law , 9th edition, Munich 2011, Rn. 905 mwN
  2. ↑ For example BGH NVwZ 2010, 531, 533 ff .; Steffen Detterbeck : General administrative law with administrative procedural law , 9th edition, Munich 2011, Rn. 905 mwN
  3. ↑ a b c d Hartmut Maurer, Christian Waldhoff: General Administrative Law, 19th edition, Munich 2017, § 3 Rn. 26th