The act of administration designates a form of acting national or sovereign organs, which specifies individual questions in the relationship between citizens and state or between different sovereignty carriers obligatorily on both sides legally. That is each order, decision or other sovereign acting, which fulfill the conditions specified down. A form of acts of administration, in practice frequently which can be found, are official answers. In addition, measures, in which one would not assume at first sight a act of administration, are to be counted under it. So for example also the Handzeichen of a policeman.

Regulated the act of administration is in "§"§ the 35-52 of the administrative proceedings law of the federation (VwVfG federation) as well as the appropriate administrative proceedings-legal regulations of the Lands of the Federal Republic, speciallegally for the fiscal authorities in "§"§ the 118-133 of the tax code (AO) and for the range of the social security in "§"§ the 31-51 social legislation of the X (SGB X). The regulations of the AO do not differ in this range nearly from those of the VwVfG.

Whether a national measure represents a act of administration (or another national action form such as legal rule, internal-official instruction or material act), is in various regard of importance: The administrative proceedings laws specify, how procure the procedure before decree of a act of administration to be and how the act of administration must look. And the rules of the court (rules of the administrative court VwGO, revenue court order FGO and social court law SGG) attach certain legal consequences to being present a act of administration, approximately regarding the legal protection against the measure.

So that the act of administration can fulfill its task to set between state and citizen obligatory legal consequences it is open to attack with redresses only within certain periods (S. legal protection). If these periods elapsed, all redresses were unsuccessful or without redresses are done, then the act of administration in inventory strength arises. It works then for the administration as title, similarly a court decision, and can be interspersed with means of coercion (administrative enforcement). If a citizen wants to implement a pecuniary claim opposite another for instance to the comparison, it needs likewise a Vollstreckungstitel, which it however before court firstride itself must. This function of the act of administration to attain in a simple manner a Vollstreckungstitel makes the act of administration an important instrument of the state.

Conditions

The legal definition of the act of administration results out "§ 35 sentence 1 VwVfG ("§ the 118 sentence 1 AO and "§ 31 sentence 1 SGB X literally corresponds):

Act of administration is each order, decision or other sovereign measure, which meet an authority for the regulation of an individual case in the area of the public right and which is outward directed toward direct legal effect.

From this one derives altogether five conditions for being present a act of administration:

• It must concern a sovereign measure. Sovereign the authority acts, if it acts due to public regulations. For the demarcation of public and private right there are differently theories. The most common is s.g. the special right theory, according to which a law is to be assigned to the public right, if it authorizes the state on one side to acting. The newer subject theory offers the most extensive explanation content: The authority becomes always then in the area of the public right actively, if the standard is, due to those it to acting justified or obligated, exclusively to a carrier of the public force arranges.
• This must proceed from an authority. Authority in the sense of the VwVfG is in accordance with "§ 1 exp. 4 each place, which notices tasks of the public administration.
• Doing or omitting must concern be required or the existence or nonexistence of a legal relation be determined in the measure an individual case regulation, it must thus by the receiver
• This regulation must refer to an individual case, be thus an individual regulation.
• And the measure must unfold external effect, concern thus a person, who stands outside of the administration, and with knowledge and the wanting of the authority their range to leave

A special form of the act of administration is s.g. the general decree. It is present, if above mentioned measure does not regulate the individual case, but a multiplicity of cases. The most well-known form of the general decree are road signs, which a Ge or a prohibition contains.

There are three kinds of general decrees:

Addressee-referred general decree - addresses itself which to a certain/assignable circle of acquaintances, e.g. Police regulates traffic.

Pertinent general decree - which the public characteristic of a thing regulates, e.g. Designation of a road, dedication of a public road.

Use rules of the - which regulates the use by the public, e.g. Traffic signs such as park prohibition

Whether these conditions are in individual cases fulfilled, must be judged from view of the concrete or a potenziellen addressee. The outside appearance as well as the assumption speak, an authority primarily by acts of administration will act, mostly for being present a act of administration. In particular if the measure corresponds to the general form of a act of administration, about "“answer"” as heading carries, in the letterhead an authority is specified, and with a plea instruction, speaks this locks for being present a act of administration.

These signs are compelling however not, considerably are the conditions specified above. Therefore also the sign character of a policeman can be a act of administration: The policeman is recognizably a representative of an authority (the traffic authority), he wants with its Handbewegeung an individual case only to respond, but regulate concretely (to stop! Drive on!) and acts here also in the area of the public right (the traffic right). Finally the measure concerns also an external one (even if the policeman in individual cases stops perhaps times a colleague, who must also obey however like every different one). That that does not keep signs a certain form, is not not justified and also no instruction over the correct plea is about not written contains, is innocuous: To certain acts of administration exceptions apply to these formal requirements, nevertheless remain them acts of administration.

Kinds of the act of administration

One differentiates between the following kinds of the act of administration:

• Single order (see also: Individual case decision)
• General decree ("§ 35 sentence 2 1. Old. VwVfG)
• Pertinent general decree ("§ 35 sentence 2 2. Old. VwVfG)
• Multi-level act of administration (co-operation of other authorities necessarily, see agreement)
• Co-operation-needy act of administration (e.g. filing of an application or receipt of a certificate of appointment necessarily)
• Favouring act of administration (reason or confirmation of a right, removal of a load or a restriction of right)
• Loading act of administration (a doing, a bearing or omitting requires, rejects a request, limited or extracts a right)
• Act of administration with Doppelwirkung (both favouring, and loading, e.g. partial permission)
• Act of administration with third effect (beside the receiver is also third concerned)
• Arranging act of administration (legal relation one justifies or changed)
• Determining act of administration (statement of a legal relation, without changing it)
• Instructing act of administration (a requirement or a prohibition contains)
• Granting act of administration (authority awards achievement)
• Permitting act of administration (permission or permission contains)
• Material act of administration (purchase too - rechtl. Characteristics or its use e.g. road sign)
• Continuous act of administration (emergence of a durably working legal relation, e.g. dedication)

Articles in category "Act of administration"

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