The administrative law is the right of the executive, the public administration, and as such - in particular apart from the public law - a partial subject of the public right. The administrative law regulates in particular the legal relations of the state to its citizens, in addition, the function mode of the institutions of the administration and their relationship to each other. Within the administrative law usually between general and special administrative law one differentiates. The general administrative law specifies the bases and principles of the administration and its activity. The special administrative law places specializedspecific right rules for special activities of individual administrative branches on (e.g. building law, local legislation, traffic right etc.)

Administer

Administers is procuring own or strange affairs. The public administration is the fulfilment of public tasks by the organs of the state. It forms a part of the government authority, which expresses itself in legislation, iurisdiction and administration (see three-division of the Gewalten, Montesquieu; 8, 63). The public administration covers the activities, those state or another - legal community (especially a federation) for the reaching of its purposes under own legal order unfolds and neither the legislation nor iurisdiction is [MODEL CREIFELDS: P. 229].

Principles of the administrative law

1. Principle of the reservation of the law (Art.20 I/II GG)

• no acting without law

2. Principle of the priority of the law (kind 20 III GG)

• no acting against the law

3. Principle of the proportionateness

• the administration may not intervene more strongly in the rights of the citizens, than it requires its goal

See also: indefinite right term, evaluation clearance, discretion

The general administrative law

The general administrative law regulates the fundamental institutes for right and procedures, which are to be found the reason after in each administrative proceedings - independent of the respective subject - and can be needed.

In detail the general administrative proceedings right concerns

1. the action forms of the administration, in particular
   • the act of administration,
   • the administrative material act,
   • the statutory order,
   • the statute,
   • the public contract,
2. the procedure for coming off administrative decisions (administrative proceedings), in particular
   • the expiration of the general administrative proceedings, above all the rights and obligations of the procedure-taken part,
   • the special kinds of procedure, i.e.
     • the plan statement procedure,
     • the formal administrative proceedings
3. the obligatory penetration of administrative decisions (administrative enforcement), in particular
   • the obligation money,
   • those,
   • the direct obligation
4. the organization of the administration

The general administrative law is codified for the administrative activity of the federal authorities in (federation) the administrative proceedings law (VwVfG) and for the administrative activity of the Land authorities in the appropriate national administrative proceedings laws, which are however with the federal administration procedure law large. For individual aspects of the general administrative law beside it special laws are relevantly, so for instance the administrative enforcement laws of the federation and the countries for the obligatory penetration of administrative decisions. Until today individual parts are also not yet codified however.

The special administrative law

The special administrative law is the "“special administrative law"”, which is particularly cut to the requirements of certain in each case, material functions of the administration. The regulations of the special administrative law step apart from the general administrative law, by developing on its regulations, supplementing or also modifying them. Turned around the general administrative law completes the special, where the latter did not make independent regulations.

The following list shows a possible, common systematic structuring of the special administrative law, without this list would be completely, in each regard non-overlapping or the only correct one. If individual subjects are with priority connected with a certain law, then also this (in parentheses) is indicated:

1. the order right and/or the right of the danger warning
   • the general police and order right
   • the building code right (federal state building regulations)
   • the meeting right
   • the
2. the local legislation (the municipality and circle orders)
3. the area planning, building and special planning law
   • the area planning and regional planning law (the regional planning law - ROG)
   • the town-planning law (the building law book - BauGB)
4. the restaurant administrative and restaurant supervision right
   • the industrial law (the trade and industrial regulations - GewO), inclusively
     • the restaurant right (the licensing act - GastG),
     • the handicraft right (the handicraft ordinance - HandwO),
     • the transport right (the transportation of human beings law - PBefG, the transportation of goods by road law - the general railway law - AEG, the water way law - WaStrG),
   • the trust right (the law against restraints of trade - GWB),
   • the telecommunications right (the telecommunications law - TKG)
5. the environment law, in particular
   • the pollution protection law (the federal immission control law - BImSchG),
   • the refuse law (the cycle economic and waste law - KrW /AbfG),
   • the water law (the water conservation law - WHG - and the national water laws),
   • the soil patent right (the federal soil law for the protection - BBodSchG)
6. the training and university right
7. the public public service employment law
   • the official right
   • weir and civil service right

The special administrative law actual dependent on the distribution of the legislative competence - both by federation, and by Landesgesetze regulated. Federal state law is to be preferably found thereby in the danger warning and local legislation, while the environment law, the planning law and the restaurant administrative law are with priority regulated on federal level. Apart from the federallegal regulations however frequently implementing or supplementing federal state law steps.

Beyond that the special administrative law within many ranges is overlaid and affected by European right.

Administrative procedural law

The administrative procedural law regulates the legal protection in relation to the actions of the administration before the administrative jurisdictionn. It is legally regulated in rules of the administrative court (VwGO).

Literature

• Hofmann/Gerke: General administrative law, with answer technology"…, 9. Aufl., Stuttgart 2005. ISBN 3-555-01353-X
• Hartmut bricklayer: General administrative law, 16. Aufl., Munich 2006. ISBN 3-406-54297-2
• Franz Joseph Peine: General administrative law, 7. Aufl., Heidelberg 2004. ISBN 3-8114-0819-4
• Eberhard Schmidt Assmann: The general administrative law as order idea, bases and tasks of the administrative system formation, 2. Aufl., Berlin/Heidelberg 2004
• Eberhard Schmidt Assmann (Hrsg.): Special administrative law, 13. Aufl., Berlin 2005. ISBN 3-89949-195-5
• Model/Creifelds: Citizen paperback: All worth knowing one over Europe, state, administration, right and economics with numerous charts. . Aufl., Munich revised 31 2003, ISBN 3-406-50997-5
• Rolf Schmidt: General administrative law, 9. Aufl. 2005, ISBN 3-934053-80-7
• Rolf Schmidt: Special administrative law I, 9. Aufl. 2005, ISBN 3-934053-81-5
• Rolf Schmidt: Special administrative law II, 9. Aufl. 2005, ISBN 3-934053-82-3
• Rolf Schmidt: Administrative procedural law, 9. Aufl. 2005, ISBN 3-934053-83-1

Articles in category "Administrative law"

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