The administrative proceedings law of the Federal Republic of Germany (VwVfG) contains rules for the administrative proceedings.

Overview

The federation possesses a legislative competence for the administrative proceedings only, as far as it concerns federal authorities or as far as other authorities implement Federal Law. Therefore also still such of the countries apart from the administrative proceedings law of the federation, which agree contentwise large however, exist. Some countries are content also with an assumption of the regulation under Federal law or refer only to these. The nationallegal administrative proceedings right is used also if land and local authorities implement Federal Law ("§ 1 exp. 3 VwVfG). As far as the federal state law with the Federal Law is, the Federal Administrative Court secures the uniform interpretation ("§ 137 exp. 1 No. 2 VwGO).

In the VwVfG thereby fundamental statements are met which apply independently of the special field of activity of the respective authority. However two important administrative branches have own process controls, i.e. the financial administration (tax code) and the social administration (social legislation X), also so far authorities as social security benefit carriers of laws to implement, which as special parts of the social legislation to be considered, e.g. Student financial assistance scheme and rent subsidy law.

The act of administration

To the most important regulations the legal definition of the act of administration belongs in "§ 35 sentence 1 VwVfG. For its coming off e.g. sees. "§ 28 VwVfG in principle a previous hearing of the citizen forwards, without which the act of administration could be formally illegal.

The administrative contract

Besides also different action forms are regulated, like e.g. the public contract (also: Administrative contract), with which the authority does not set right on one side, but by equal participation of the citizen the acceptance of the administrative action to increase can.

Further contents

The law contains further regulations to exercise like the authorities their discretion has ("§ 40), which consequences have formal defects and procedure ("§"§ 45, 46) and like Planfestellungsverfahren to accomplish are ("§"§ 72-78).

Which does not stand in this law

The law does not regulate, how one resists acts of administration, from which one believes that they are illegal or incorrect. The plea against acts of administration (contradiction) is the first stage to the judicial procedure and is therefore in rules of the administrative court (there "§"§ 68 FF.) regulated.

Last changes

By the third law for the change of administrative regulations of 21.8.2002 (BGBl. I P. 3322) was opened among other things also the administrative proceedings law expressly for electronic communication. The changes came into force on 1 February 2003. The again inserted "§ 3a VwVfG makes electronic acts of administration and requests possible as general clause for E-Government in particular. Resemble-reading regulations were taken up temporally in the following to the administrative proceedings laws of the countries.

"§"§ the 23 and 26 has by article 4 exp. 8 of the cost right modernization law of 5. May 2004 (BGBl. I P. 718) a change experience.

Literature

• Hofmann/Gerke: General administrative law, with answer technology"…, 9. Edition, Stuttgart 2005. ISBN 3-555-01353-X
• (to the developing history of the VwVfG:) Thomas's von Danwitz, fifteen years administrative proceedings law. Expectations and experiences., in: LAW 1994, P. 281 FF.
• Albert von Mutius, LAW 1984, 529 FF.

Related links

• Text of the administrative proceedings law in the collection of the Federal Ministry of the law
• Text of the administrative proceedings law with dejure.org
• Skrobotz: '' Problems of the electronic act of administration '' (JurPC Web Dok. 86/2002)

Articles in category "Administrative proceedings law"

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