External effect is a central term of the public right. With external effect effect is meant, thus outside of the administration an effect on the citizen (or other private ones). External effect is necessary, so that the citizen has legal protection possibilities against a legal measure of an authority. So a citizen cannot proceed for example legally against a because this no external effect unfolds. Something similar applies to administrative regulations, whereby however from the principle of the self connection of the administration in connection with the equal treatment principle a requirement can result nevertheless at least on equal treatment with other citizens.

Note: If the addressee of the act of administration is civil servant, judge or a soldier, it is with the examination whether the measure unfolds external effect to differentiate between basic relationship and operation condition. If the administrative member is concerned in the basic relationship, external effect is present; if it is concerned in the operation condition, not.

Concerning the basic relationship it means that the addressee is addressed as carrier of personal rights and obligations (e.g. during the appointment).

Concerning the operation condition it means that the addressee is addressed as part of the administrativeinternal organisational structure. (e.g. during the conversion)

See also: Addressee theory, possibility theory, subjective right, external relationship.

Articles in category "External effect"

We found here 8 articles.