Essays

Introduction to the Public Administrative Jurisdiction in Germany

Ralf Leithoff ; Administrative Appeals Court for Berlin and Brandenburg, Germany

Abstract

The essay provides an overview of public administrative jurisdiction
in Germany, beginning with the constitutional guarantee of effective legal protection against every act of public power. The guaranteed legal protection is provided by social, financial and – mainly – administrative courts. All of these courts decide in panels with judges whose independence is constitutionally guaranteed as well. The system of administrative courts in Germany is basically a three-instance system (administrative courts, administrative appeals courts, the Federal Administrative Court). Whereas the first two instances decide on law and facts, the Federal Administrative Court as a rule decides on (federal) law only. The essay outlines the principles of procedure
and the court´s examination programmes. It describes the growing influence of administrative courts in Germany and the reactions on the resulting overload of work for the administrative courts.

Keywords

administrative justice – Germany; administrative courts; social courts; financial courts; three-instance system

Hrčak ID:

135912

URI

https://hrcak.srce.hr/135912

Publication date:

25.9.2006.

Article data in other languages: croatian

Visits: 2.076 *