Interference administration names actions of the public administration, those the citizen doing, bearing or omitting gives up and into its right to act or not act after its liking, intervenes.

Interference administration is the classical action form of the danger warning.

The term is used usually however not for the characterisation of a concrete action, but for it, to generally designate or stress the "“decisive"” aspect from administrative acting to. The Gegenbegriff in addition is the achievement administration (also "“darbietende administration"” mentioned).

An example: A property owner is obligated to fall a tree standing at the roadside on its property because this no more is not and the danger exists that it could fall into the public street space.

Since the police is part of the general administration, a further area of fundamental right interferences results for it due to their setting of tasks for the criminal offence research: Strafprozessuale measures after the code of criminal procedure.

The police has therefore due to its doublefunctional setting of tasks - danger warning and criminal offence research the right subject "“interference right"” developed, in which above all also problems are treated, itself due to the same appearance of the interference measure to the danger warning and to the criminal offence research (e.g. Search after the police regulation and after the code of criminal procedure) result in.

In summary can be determined therefore: If a measure of the administration intervenes in the fundamental rights of the citizen, then one speaks of interference administration.

Articles in category "Interference administration"

We found here 6 articles.