The abolition designates the possibility of the administration of eliminating acts of administration according to its decree. As far as for it no special regulations exist in special laws, there are two possibilities for the administration of making the abolition: She can take illegal acts of administration back or recall acts of administration.

Legal basis in Germany is "§ 48 VwVfG for the cancelling of an illegal act of administration and/or "§ 49 VwVfG for the revocation of a legal act of administration. From the thought of the confidence protection these possibilities are bound to different conditions out. In principle one can say that an illegal act of administration in principle both with effect for the past as well as for the future are taken back. This clearance is limited only for the case that by the act of administration a contribution of equipment or money was granted and the receivers to trust on that was allowed. The possibility of the authority of creating the illegal act of administration the world exists however only during one period of one year. This period begins to run at the time, on which the authority receives knowledge, which justify the cancelling from the facts. The iurisdiction assumes however as a rule the authority must receive complete knowledge from circumstances, which delays the beginning of the period run partly strongly.

In relation to the illegal act of administration the legal act of administration can be recalled only for the future; a retroactive change is not permissible.

Articles in category "Abolition (act of administration)"

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