The legal definition of administrative proceedings is in the Federal Republic of Germany in "§ 9 of the administrative proceedings law (VwVfG):

"“The administrative proceedings in the sense of this law are the activity of the authorities, which on the examination of the conditions, working outward, which preparation is directed and the decree of a act of administration or toward the conclusion of a public contract; it includes the decree of the act of administration or the conclusion of the public contract."”

That is, the activity of the authority must

outward ("“to the citizen"”), internal instructions of an authority leader work no administrative proceedings at its employees or officials start thus; e.g. Administrative regulations

at the decree of a act of administration or the conclusion of a public contract aim. The procurement of office materials by an authority and the internal will education process leading to the procurement is thus no administrative proceedings; since the administration closes civil-legal sales contracts like each private person.

The administrative proceedings cover both the preparation and the decree of a act of administration. In some cases is the preparation very because many data must be weighed out be raised and conflicting interests, e.g. Licensing procedure for industrial plants.

Most administrative proceedings depend on special procedural specifications and are in writing accomplished; this is however not compelling. "§ it determines 10 of the administrative proceedings law expressly that the administrative proceedings are only so far bound at certain forms, as special legislation prescribes this.

The administrative proceedings law regulates one part of the administrative proceedings, i.e. from federal authorities the accomplished, in Germany only for which no speciallegal regulations exist; such gives it e.g. in the social legislation (SGB) for the administrative proceedings in the social right and in the tax code for the administrative proceedings during the taxation. The German Lands of the Federal Republic have own administrative proceedings laws, which deviate however only in few details from each other and from the administrative proceedings law of the Federal Republic.

Literature

• Hofmann/Gerke: General administrative law, with answer technology"…, 9. Edition, Stuttgart 2005. ISBN 3-555-01353-X

Articles in category "Administrative proceedings"

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