Preventive legal protection

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Preventive legal protection is a term from German procedural law .

Administrative procedural law

In administrative procedural law, preventive legal protection is directed against future administrative action, while provisional or provisional legal protection , on the other hand, ensures a legal position until the final decision on the main issue .

With preventive legal protection , the occurrence of irreparable damage is to be prevented if the subsequent legal protection - including temporary legal protection - would be associated with unreasonable disadvantages. In view of the constitutional requirement of effective legal protection, preventive legal protection requires this special, qualified need for legal protection .

Depending on the legal protection objective, the permissible type of action is a preventive injunction or a preventive declaratory action. This can acc. Article 19, Paragraph 4 of the Basic Law is directed against threatening administrative acts as well as against future real acts .

Civil procedural law

In civil law, too, there are injunctive relief to protect particularly endangered legal positions that can only be effectively protected against the occurrence of impairment. A prominent example is the protection of general personal rights in media law .

literature

  • Thomas Jean Berrang: Preventive legal protection in the law of the European Communities . 1994, ISBN 3-7890-3577-7 .
  • Ralf Kölbel: (Preventive) legal protection against preliminary investigations? JR 2006, pp. 322-328

Individual evidence

  1. ↑ Provisional and preventive legal protection University of Bamberg , 2008 (PDF; 175 kB)
  2. ↑ BVerfG, decision of April 23, 2009 - 1 BvR 3405/08 para. 14th
  3. ↑ VG Würzburg, decision of April 6, 2011 - Az. W 6 S 11.210 para. 28 ff.
  4. ↑ BVerwG, decision of June 12, 2008 - 7 B August 24
  5. ↑ Kay Windthorst : BayVGH - Provisional preventive legal protection = BayVBl. 2011, p. 214
  6. ↑ Curt Lutz Lässig: Admissibility of the preventive declaratory action in the event of an imminent administrative fine. NVwZ 1988, p. 410
  7. ↑ Christoph Gusy : Citizens' legal protection against violations of fundamental rights ( Memento of the original from February 11, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Bielefeld University (no year) @1@ 2Template: Webachiv / IABot / www.jura.uni-bielefeld.de
  8. ^ Christian Koenig: Administrative procedural law with references to European procedural law 2015, p. 9 f.
  9. ^ Wolfram Henckel: Preventive legal protection in civil law . Archive for Civilist Practice 1974, pp. 97–144
  10. ↑ Hein Kötz: Preventive legal protection in civil law: A comparative law sketch. Archive for Civilist Practice 1974, pp. 145–166