Administration of justice document are arrangements, orders or other measures of a judicial authority to the regulation of individual affairs in the areas of the civil right, including the commercial law, the civil process, the freiwilligen jurisdiction and the criminal jurisdiction.

This legal definition of the administration of justice act is in "§ 23 exp. 1 EGGVG and through "§ to 179 of rules of the administrative court (VwGO) with "§"§ the 23-30 EGGVG on 1 April 1960 was introduced.

Literally already initially the regulation "§ 23 exp. 1 of the EGGVG quoted in parts reads: On the legal standard of the arrangements, orders or other measures, the tidy courts decide those from the judicial authorities to the regulation of individual affairs in the areas of the civil right, including the commercial law, the civil process, which is met freiwilligen jurisdiction and the criminal jurisdiction, on request. The same applies to arrangements, orders or other measures of the execution authority in the execution of the youth punishment, the youth detention and the remand as well as those imprisonments and measures of the improvement and safety device, which are carried out outside of the law execution.

The regulation over administration of justice document as competence regulation

After the thing it concerns with the regulations over the administration of justice document an exception regulation too "§ 40 exp. 2 VwGO, which generally opens the course of law for public disputes to the Administrative Courts. Public disputes are also such around the legal standard of acting judicial authorities, as long as these become active in affairs of the administration and not the iurisdiction. Actually therefore the examination of an administration of justice act would have to take place via the locally responsible Administrative Court. Here now the special arrangement "§ of the EGGVG seizes 23 exp. 1: In such cases, in which the administration of justice act was made by a judicial authority belonging to the range of the tidy jurisdiction, also the courts of the tidy jurisdiction are to decide because of the larger special proximity.

Since "§ 23 exp. 1 EGGVG an exception regulation represents too "§ to 40 exp. 2 VwGO, under-fall the administration of justice document not seized by him easily the administrativejudicial examination planned in "§ 40 exp. 2. This applies in particular to acts of administration of those judicial authorities, which do not belong to the tidy jurisdiction, including the labor courts. Since it concerns here however the regular contestation of acts of administration, the designation of these measures is not particularly necessary as administration of justice document.

From the exception regulation "§ 23 exp. 1 of the EGGVG exclude family-legal regulations some administration of justice document of the family right again and assign these to the procedure of the Freiwilligen jurisdiction. This concerns for instance release from the marriage obstacle or release from the requirement of the marriage majority. A special procedure became finally by 7. Family change of title law for the acknowledgment of foreign decisions in marriage things production.

Law and execution authority

Administration of justice document are measures of the judicial authorities. These are first the courts, if they notice management functions, beyond that also the penal institutions. For such kinds of the execution of sentences, which are not noticed by the law execution, "§ 23 exp. arrange 1 sentence 2 EGGVG that also the measures of other execution authorities represent administration of justice document.

Measure catalog

First the iurisdiction of the view had been that an administration of justice act is present only, where also a act of administration is given. This again is to be judged by "§"§ 35 VwVfG and/or "§ 42 VwGO. Correct and indisputable it is hieran that, if a judicial authority issues a act of administration compellingly an administration of justice act is then present. The predominant opinion of the present Judikatur concludes however from it that the law in "§ 23 exp. speaks 1 EGGVG also of "“other measures"”, as well as from the sense of a specialnear examination by the tidy jurisdiction that also sovereign acting, which does not exhibit the quality of a act of administration the subject of a request after "§"§ 23 FF. EGGVG to be can, if an appropriate legal protection need comes to the applicant. A border is to be drawn however in each case, where the measure in speech unfolds at all no external effect, approximately with internal administrative orders.

Articles in category "Administration of justice act"

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