Administrative Procedure Act
|Title:||Administrative Procedure Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||General administrative law|
|Original version from:||May 25, 1976
( BGBl. I p. 1253 )
|Entry into force on:||January 1, 1977|
|New announcement from:||January 23, 2003
( Federal Law Gazette I p. 102 )
|Last change by:||
Art. 5 G of June 21, 2019
( Federal Law Gazette I p. 846, 854 )
|Effective date of the
|November 1, 2019
(Art. 6 G of June 21, 2019)
|Weblink:||Text of the law|
|Please note the note on the applicable legal version.|
The Administrative Procedure Act ( VwVfG ) of the Federal Republic of Germany contains rules for the public-law administrative activities of the federal authorities , the federal corporations , institutions and foundations under public law .
Veit Ludwig von Seckendorff ( The German Princely State , 1656) wrote the first publication on the rules by which the administration has to comply with its public service activities . 100 years later, Gottlob von Justi wrote about the principles of policey science (1756). After the publication of the administrative apprenticeship Lorenz von Steins (1865) at the end of the 19th century, the Kingdom of Prussia and Baden first passed their own laws to regulate the administrative procedure. Thuringia and Württemberg followed in 1926 and 1931.
After the Basic Law was promulgated on May 23, 1949, different federal states drew up laws or at least drafts independently of one another, which led to inconsistent solutions in the federal territory. For this reason, the federal government and the states decided in 1964 to jointly work out a sample draft of an administrative procedure law with the aim of adopting this draft with the same content as a federal law by the Bundestag and as a state law by the state parliaments. Uniform procedural law in the federal and state governments is required both in the interests of the federal government and the states as well as in the interests of citizens. As a result of a discussion in the professional world, a second draft law was drawn up in 1970, but it was no longer passed. The draft of the Administrative Procedure Act (VwVfG) of July 18, 1973 then took up further legal developments - including codifications abroad, insofar as these were transferable to the constitutional situation in the Federal Republic - and came into force on January 1, 1977.
In the GDR , the law on the processing of citizens' submissions only provided for informal conflict resolution.
scope of application
According to Art. 83 ff. GG only has legislative competence for the administrative procedure insofar as it concerns federal authorities or insofar as other authorities implement federal law.
The federal law therefore applies in accordance with Section 1 (1) VwVfG for the public administration activities of the federal authorities as well as the federal corporations, institutions and foundations under public law. According to Section 1 (2) VwVfG, it also applies to the authorities of the federal states, municipalities and associations of municipalities, other legal entities under public law that are subject to the supervision of the federal state if they implement federal law on behalf of the federal government or as their own matter.
However, the VwVfG does not apply to the implementation of federal law by the states, provided that the public administrative activities of the authorities are regulated by state law by an administrative procedure law ( Section 1 (3) VwVfG). Insofar as the state law is wording identical to the federal law, the Federal Administrative Court ensures the uniform interpretation ( Section 137 (1) No. 2 VwGO).
The federal states have enacted their own procedural laws for the implementation of federal law and for the enforcement of state law by state authorities, the municipalities and municipal associations and other legal entities under public law that are subject to the supervision of the respective state , the content of which, however, largely corresponds to the federal law. Schleswig-Holstein makes an exception, with the State Administration Act (LVwG), which has an older and independently developed codification. Some states, such as Berlin , are satisfied with adopting the federal regulation or only refer to it.
The VwVfG does not apply to the activities of certain domestic authorities, federal representations abroad, churches, religious societies and ideological communities ( Section 2, Paragraph 1, Paragraph 2, Paragraph 3, No. 3 VwVfG), for court and justice administration as well as only to a limited extent for performance, aptitude and similar tests ( Section 2 (3) No. 1 and No. 2 VwVfG). Religious societies by Article 140 of the Basic Law in conjunction with Article 137 of the Weimar Constitution, a church self-determination guaranteed in the management of their affairs.
In particular, the tax authorities of the Tax Code (AO) and the Social Administration, its agencies as social service providers specific parts of the Social Security Code run (about BAföG and Wohngeldgesetz ), with the tenth book of the Social Code 's (SGB X) procedural rules. The peculiarities of these subject areas do not allow a general application of the Administrative Procedure Act.
The administrative act
One of the most important regulations is the legal definition of the administrative act in § 35 sentence 1 VwVfG. For its creation z. B. § 28 VwVfG basically provides for a prior hearing of the citizen, without which the administrative act could be formally illegal.
The management contract
In addition, other forms of action are also regulated, such as B. the public law contract (also: administrative contract), in which the authority does not unilaterally set the law, but can increase the acceptance of administrative action through equal participation of the citizen.
The law contains further regulations on how the authorities must exercise their discretion ( Section 40 VwVfG), the consequences of procedural and formal errors ( Sections 45 and 46 VwVfG) and how plan approval procedures are to be carried out ( Sections 72 to 78 VwVfG).
The third law amending administrative procedural regulations of August 21, 2002, among other things, expressly opened the law on administrative procedures to electronic communication. The changes took effect on February 1, 2003. The newly inserted § 3a VwVfG, as a general clause for e-government, enables electronic administrative files and applications in particular. Identical regulations were subsequently incorporated into the administrative procedural laws of the federal states.
Sections 23 and 26 have been changed by Article 4 (8) of the Cost Law Modernization Act of May 5, 2004.
Outline of the law
Part I Scope, local jurisdiction, electronic communication, administrative assistance, European administrative cooperation
Section 1 Scope, Territorial Responsibility, Electronic Communication
- § 1 scope
- § 2 Exceptions to the scope
- § 3 Local jurisdiction
- § 3a Electronic communication
Section 2 Administrative Assistance
Section 3 European administrative cooperation (since December 28, 2009)
Part II General rules on the administrative procedure
Section 1 Principles of Procedure
- § 9 Concept of the administrative procedure
- § 10 Non-formalism of the administrative procedure
- § 11 Participation
- § 12 Capacity to act
- § 13 Participants
- § 14 Authorized Representatives and Advisers
- § 15 Appointment of an authorized recipient
- § 16 Appointment of a representative ex officio
- § 17 Representative in the case of uniform submissions
- § 18 Representatives for parties with the same interest
- Section 19 Common rules for representatives in the case of uniform submissions and with the same interest
- § 20 excluded persons
- Section 21 Concern of partiality
- § 22 Beginning of the procedure
- § 23 official language
- § 24 Principle of Investigation
- § 25 Advice, information
- Section 26 Evidence
- § 27 affirmation in lieu of oath
- Section 28 Hearing of parties involved
- Section 29 Inspection of files by those involved
- § 30 Confidentiality
Section 2 Deadlines, Dates, Reinstatement
- § 31 Deadlines and Dates
- Section 32 Reinstatement in the previous status
Section 3 Official certification
- Section 33 Certification of Documents
- § 34 Certification of Signatures
Part III administrative act
Section 1 Conclusion of the administrative act
- Section 35 Concept of the administrative act
- Section 36 Ancillary provisions to the administrative act
- Section 37 Determination and form of the administrative act
- Section 38 Assurance
- Section 39 Justification for the administrative act
- § 40 discretion
- Section 41 Announcement of the administrative act
- Section 42 Obvious inaccuracies in the administrative act
- Section 42a Fictitious Approval
Section 2 Legal force of the administrative act
- § 43 Effectiveness of the administrative act
- Section 44 Nullity of the administrative act
- Section 45 Healing of procedural and formal errors
- Section 46 Consequences of procedural and formal errors
- Section 47 reinterpretation of an incorrect administrative act
- Section 48 Withdrawal of an illegal administrative act
- Section 49 Revocation of a lawful administrative act
- Section 49a Reimbursement, Interest
- Section 50 Withdrawal and revocation in appeal proceedings
- Section 51 Resumption of Proceedings
- Section 52 Return of documents and items
Section 3 Statute of limitations effects of the administrative act
- Section 53 Suspension of the statute of limitations by administrative act
Part IV Public law contract
- Section 54 Admissibility of the public law contract
- Section 55 Settlement Agreement
- Section 56 Exchange Agreement
- § 57 written form
- Section 58 Approval from third parties and authorities
- § 59 Nullity of the public law contract
- Section 60 Adjustment and termination in special cases
- Section 61 Submission to Immediate Enforcement
- Section 62 Supplementary application of regulations
Part V Special types of procedures
Section 1 Formal Administrative Procedure
- Section 63 Application of the provisions on the formal administrative procedure
- Section 64 Form of the application
- Section 65 Participation of witnesses and experts
- Section 66 Obligation to Hear Participants
- Section 67 Requirement for an oral hearing
- Section 68 Course of the oral hearing
- Section 69 Decision
- Section 70 Appeal of the decision
- Section 71 Special provisions for the formal procedure before committees
Section 1a Procedure via a single body
- Section 71a Applicability
- Section 71b Procedure
- § 71c information requirements
- Section 71d Mutual Support
- Section 71e Electronic procedure
Section 2 Plan approval procedure
- Section 72 Application of the regulations on the planning approval procedure
- Section 73 Hearing Procedure
- Section 74 Plan approval decision, plan approval
- Section 75 Legal Effects of the Planning Approval
- Section 76 Changes to the plan before completion of the project
- Section 77 Repeal of the planning approval decision
- § 78 Meeting of several projects
Part VI Appeal Procedure
- Section 79 Remedies against administrative acts
- Section 80 Reimbursement of costs in the preliminary proceedings
Part VII Voluntary work, committees
Section 1 Volunteering
- Section 81 Application of the provisions on voluntary work
- Section 82 Duty to volunteer
- Section 83 Exercise of honorary work
- Section 84 Confidentiality
- Section 85 Compensation
- Section 86 Removal
- Section 87 Administrative Offenses
Section 2 Committees
- Section 88 Application of the provisions on committees
- § 89 Order of Meetings
- Section 90 Quorum
- Section 91 Resolution
- Section 92 Elections by Committees
- Section 93 Minutes
Part VIII Final Provisions
- § 94 Transfer of municipal tasks
- Section 95 Special Regulation for Defense Matters
- Section 96 Transfer of proceedings
- Section 97
- Section 98
- Section 99
- Section 100 State legal regulations
- Section 101 City-State Clause
- Section 102 Transitional provision to Section 53
- Section 103
- Justification for the draft of an Administrative Procedure Act , BT-Drs. 7/910 .
- Albert von Mutius , JURA. 1984, 529 ff.
- (on the history of the VwVfG). Thomas von Danwitz : Fifteen Years of Administrative Procedure Act. Expectations and experiences. In: JURA . 1994, p. 281 ff.
- Harald Hofmann, Jürgen Gerke: General administrative law with notification technology, administrative enforcement and legal protection. 10th edition. Kohlhammer, 2010, ISBN 978-3-555-01510-1 .
- Hans Joachim Knack, Hans-Günter Henneke (Ed.): Administrative Procedure Act (VwVfG). Comment. 10th edition. Verlag Carl Heymanns, Cologne 2014, ISBN 978-3-452-28170-8 .
- Ferdinand Kopp , Ulrich Ramsauer : VwVfG. Comment. 16th edition. Verlag CH Beck, Munich 2015, ISBN 978-3-406-68042-7 .
- Paul Stelkens, Heinz Joachim Bonk, Michael Sachs: Administrative Procedure Act, comment. 8th edition. CH Beck, Munich 2014, ISBN 978-3-406-59711-4 .
- Jan Ziekow : Administrative Procedure Act. Comment. 3. Edition. Verlag W. Kohlhammer, Stuttgart 2013, ISBN 978-3-17-022567-1 .
- ^ BT printed matter VI / 1173
- ↑ Bundestag printed paper 7/910
- ^ Draft of an Administrative Procedure Act (VwVfG) BT-Drs. 7/910 of July 18, 1973, p. 31 f.
- ^ Peter Badura : The administrative procedure , in: Hans-Uwe Erichsen, Wolfgang Martens (Ed.): General administrative law. Walter de Gruyter 1975, § 36 Legal Sources and Literature, p. 233 ff.
- ↑ cf. Draft of an Administrative Procedure Act (VwVfG) BT-Drs. 7/910 of July 18, 1973, p. 33 ff.
- ↑ BGBl. 2002 I p. 3322 , PDF
- ↑ BGBl. 2004 I p. 718 , PDF