Admission (administrative law)
The approval is administrative law an administrative act by which a authority the permission granted, a product or service to a market permit or a person statutory rights granted.
General
As in Germany, many economic systems are subject to the basic right of general freedom of action ( Article 2, Paragraph 1 of the Basic Law ), so that economic agents are predominantly not hindered in their activities by the state intervention administration . This expresses the freedom of trade . The general freedom of trade allows every legal entity to freely choose its occupation or to offer legal objects such as products or services freely on the market. However, there are exceptions to this. From a certain level of the hazard prognosis, the legislature moves away from the principle of freedom from permission and subjects certain economic activities or objects to preventive state control .
In trade law , approval is the generic term for authorization , permit , permit or concession ( Section 15 (2 ) GewO ).
Legal issues
The approval represents an administrative act in the form of a control approval. The approval removes an existing preventive prohibition subject to approval in a specific individual case. In certain cases, which are finally regulated by law, the exercise of a standing trade is exceptionally made dependent on approval in the interests of protecting important public interests . Approvals can only be granted if this is expressly provided for in a legal provision , whereby the requirements for approval are also regulated. The authority that grants the approval is usually called the approval authority . Exceptionally, in the cases of Section 34b Paragraph 1, 3, 4 GewO or Section 34c Paragraph 1 Clause 1 Nos. 1 and 3 GewO or Section 55 Paragraph 2 GewO, a fictitious approval can be assumed if the approval authority fails to do so within three Months ago.
- Examples of approvals
The street-legal vehicle in accordance § 1 para. 1 StVG when the vehicle licensing authority an operating license , individual license , registration certificate or approval are available, through the allocation of an official vehicle registration number . The marketability of pharmaceuticals only begins when they have been approved in accordance with Section 21 (1) AMG . According to Section 34 (1) AMG, the granting, extension, withdrawal, revocation, suspension and expiry of a license must be published in the Federal Gazette . Underlying assets (especially securities ) and rights that are to be traded on the stock exchange and are not admitted to trading on the regulated market or included in the regulated market or the open market require admission to trading by the in accordance with Section 23 (1) of the BörsG Management of the stock exchange. Admission to the regulated market is regulated in § § 2 ff. BörsZulV . According to Section 98 (1) SGB V , the approval ordinances regulate, among other things, the restriction of approvals for doctors . The admissions committee issued the requesting doctor's certificate ( insurance approved ), insured by the statutory health insurers to treat and the services provided on the physicians' association settle. The entry in the doctor's register ( § 1 , § 6 ZulVO doctors) as well as the health insurance approval makes the doctor a contract doctor . In lawyers there is the admission to the bar (§ § 4 ff. BRAO ) connected to the delivery of one of the Bar Association issued certificate ( Admitted ) is effective ( § 12 , para. 1 BRAO). German aircraft are only allowed to operate in accordance with Section 2 (1) LuftVG if they are approved for air traffic (traffic license) and entered in the directory of German aircraft ( aircraft role ).
Legal consequences
Admission is always based on an application ( Section 22 VwVfG ). On the basis of the application, the competent authority decides whether the legal application requirements are met. The subsequent authorization specifically allows a certain legal subject to exercise a trade, occupation or to bring certain legal objects into circulation . As an administrative act, the official refusal of approval in accordance with § 42 ff. VwVfG can be revoked or changed through legal remedies . Rejects, for example, the management of a stock exchange an application for authorization from, so it has the other stock exchanges on which the securities of issuers to be traded to communicate, stating the reasons for rejection ( § 35 para. 1 of the Exchange Act). Securities whose admission has been rejected by another exchange may only be admitted with the consent of that exchange (Section 35 (2) BörsG). If the control approval of a trade is refused, it is formally a refusal of a favorable administrative act, but materially an encroachment on fundamental rights , because the refusal turns the initially only provisional prohibition on activity into a final prohibition.
