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Littérature scientifique sur le sujet « Administrative law – Germany (West) »

Auteur : Grafiati
Publié le 10 mars 2023

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Articles de revues sur le sujet "Administrative law – Germany (West)"

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Paslavska, N. « Historical and legal aspects of the restoration of administrative justice in West Germany after 1945 ». Uzhhorod National University Herald. Series : Law 2, no 74 (10 février 2023) : 76–80. http://dx.doi.org/10.24144/2307-3322.2022.74.46.

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The article is devoted to the issue of restoration of administrative justice in Germany after the Second World War. Historical and legal aspects of this process related to general administrative justice and branches of special administrative justice are considered. An overview of the legal and political background for the restoration of administrative justice in Germany after 1945 is offered. The impetus for the further development of the country in the post-war period was the political and territorial situation at the time of the collapse of Nazi Germany and its division into occupation zones, in which the allies - Great Britain, the United States of America, the Soviet Union and France - later formed lands, as well as the division of Berlin into relevant sectors. The debate over whether the German Reich ceased to exist as a subject of international law has been resolved in favor of the succession thesis, according to which Germany lost active legal capacity after the end of the war, but not passive legal capacity under international law. After the liquidation of administrative courts, the Allies restored them throughout Germany. This initiated the development and nationwide standardization of administrative justice, the establishment of the Federal Administrative Court in 1952 and the entry into force of the Regulation on Administrative Courts in 1960. The general provisions of the Allies on administrative justice in the western occupation zones and the conceptual reorientation of administrative justice in Germany after the Second World War are analyzed. Three concepts of legal protection in Germany were studied, each of which was used to a different extent and which formed a mixed system: (a) traditional administrative justice, i.e. legal protection by administrative bodies in the narrow sense of administrative appeal, (b) legal protection by courts of general jurisdiction and (c) legal protection by special, administrative courts.
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Wenander, Henrik. « Administrative Independence in the Nordic States ». Nordic Journal of European Law 5, no 1 (31 août 2022) : 20–49. http://dx.doi.org/10.36969/njel.v5i1.24497.

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EU law increasingly requires that the Member States establish independent administrative bodies in various fields. Examples include market supervision, non-discrimination, and data protection. This article addresses the realisation of such requirements in the five Nordic states. The West Nordic systems of Denmark, Iceland, and Norway feature a traditional hierarchic organisation of the administrative authorities under the relevant ministries, albeit with examples of independent administrative bodies. Contrastingly, the East Nordic systems of Finland and Sweden have a long-standing constitutional tradition of organising the entire state administration with a considerable degree of independence from the governmental level. The study of the constitutional frameworks and traditions contributes to understanding the impact of EU law requirements on independence in different national systems. The relatively uncritical reception of requirements on administrative independence in the Nordic states may be explained by both the practical orientation of Nordic legal thinking and the long-standing existence of arrangements of independent authorities in the legal systems. This attitude is contrasted with the sceptical views on administrative independence in continental Europe, especially Germany, as exemplified by Case C-518/07 Commission v Germany (on independent national data protection authorities). Also the Nordic experiences, however, highlight the tension between the ideals of total independence and the needs for the authorities to be linked to, and funded by, the public sector. The legal comparison may help to understand the impact of EU law and reveal the various ‘Europeanisations’ of general administrative law, given the national preconditions.
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Hofhansel, Claus. « Explaining Foreign Economic Policy : A Comparison of U.S and West German Export Controls ». Journal of Public Policy 10, no 3 (juillet 1990) : 299–330. http://dx.doi.org/10.1017/s0143814x00005845.

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ABSTRACTThis article analyzes differences between United States and West German export controls. It shows that United States controls are more extensive and stricter than controls in West Germany. Three possible explanations for this variation in policy are considered. First, these two states differ in regard to their positions in the international system and in their choice of economic strategies. Second, the extent of domestic political support for strict export control policies varies between the two countries. Finally, West Germany lacks the institutional framework to adequately control its foreign trade. The evidence presented corroborates the first two alternatives, while institutional explanations receive relatively little support. The article then discusses the historical development of United States and West German export control policies and institutions. The analysis shows evidence of both change and stability. More specifically, the article questions the argument that institutions in foreign economic policy, once established, persist and resist change, instead of adapting to environmental changes. Several hypotheses are considered to explain why in the area of export controls changes in policy, and to some extent institutions, occurred more frequently in West Germany than in the United States.
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Sippel, Harald. « Recht und Emotion : ‚German Angst‘ und das Verwaltungshandeln in Deutsch-Südwestafrika ». Recht in Afrika 21, no 2 (2018) : 208–33. http://dx.doi.org/10.5771/2363-6270-2018-2-208.

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The paper establishes a relationship between the academic complex ‘Law and Emotion’ and the concept of ‘German Angst’ using the example of the former colony German South West Africa. ‘German Angst’ is a special manifestation of the feeling of fear. It describes a merely perceived threat, an unfounded anxiety, which under certain circumstances should be typical of “the Germans”. The article examines whether what is today understood by ‘German Angst’ had already been influencing the extreme colonial administrative action and legislative measures towards the African population in German South West Africa compared to other former German overseas territories.
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DENGLER, KATHARINA. « Effectiveness of Active Labour Market Programmes on the Job Quality of Welfare Recipients in Germany ». Journal of Social Policy 48, no 4 (18 mars 2019) : 807–38. http://dx.doi.org/10.1017/s0047279419000114.

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AbstractUsing rich administrative data on unemployed welfare recipients in Germany and propensity score matching, the author analyses the effects of participating in four major active labour market programmes (ALMPs) on various dimensions of job quality. In Germany, welfare recipients may suffer from poor job quality because they are forced to accept any reasonable job offer. However, few studies consider the effects of participation in ALMPs on job quality. The results imply that participation in a programme not only increases the probability of taking jobs but also increases the probability of holding a high-quality job for some dimension of job quality. In particular, further vocational training is very effective in terms of job quality for West German women. Thus, job centres should focus on the activation of unemployed welfare recipients.
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Paeffgen, H. U. « OVERLAPPING TENSIONS BETWEEN CRIMINAL AND ADMINISTRATIVE LAW : THE EXPERIENCE OF WEST GERMAN ENVIRONMENTAL LAW† ». Journal of Environmental Law 3, no 2 (1991) : 247–64. http://dx.doi.org/10.1093/jel/3.2.247.

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Schmidt, Manfred G. « West Germany : The Policy of the Middle Way ». Journal of Public Policy 7, no 2 (avril 1987) : 135–77. http://dx.doi.org/10.1017/s0143814x00005213.

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ABSTRACTThis article focuses attention on the distinctive characteristics of economic and social policy in West Germany during the last four decades. It will be argued, that the distinctiveness of state intervention in West Germany resides in a combination of policies of conversative-reformist, liberal and social democratic complexion. The policy of the middle way which results from this combination differs from the extreme poles that are marked by the model of Social-Democratic welfare capitalism on the one hand and market capitalism on the other, but it also comprises elements of both types of political economies. The emergence and the maintenance of the policy of the middle way can largely be attributed to distinctive characteristics of the policy process, and of processes of learning from historical catastrophes.
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Gruszecka, Dagmara. « Niemiecka doktryna i judykatura wobec problemu odpowiedzialności karnej „sprawców zza biurek” — uwagi na tle koncepcji „Organisationsherrschaft” ». Studia nad Autorytaryzmem i Totalitaryzmem 43, no 4 (31 décembre 2021) : 313–27. http://dx.doi.org/10.19195/2300-7249.43.4.24.

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The aim of the paper is to present the concept of Claus Roxin’s Organisationsherrschaft as an alternative to attributing criminal responsibility for crimes committed by Nazi “desk murderers.” This concept arose against the background of criticism, after the trials of Adolf Eichmann and Bohdan Stashynsky, of the particularly low number of convictions in similar cases and the numerous omissions of the entire German justice system. Under West German criminal law, a distinction made between those who order murder and those who commit murder on their own initiative meant that the above-mentioned perpetrators who passed on orders from above could only be found guilty of accessory to murder. The novelty of Roxin’s views, however, consisted in an attempt to combine the previous only individualistic perspective of criminal law with the idea of mass, bureaucratic murders. The traditional system of individual attribution of responsibility, as applied for ordinary criminality characterized by the individual commission of single crimes, must be adapted to the needs of collective responsibility, in which the organization (for example, an administrative structure) as a whole serves as the entity upon which attribution of criminal responsibility is based. The first part of the text discusses the main lines of argumentation presented by the West German jurisprudence in cases concerning high-ranking members of the state power apparatus of the Third Reich. At the same time, efforts were made to emphasize the lack of homogeneity of legal solutions presented in national criminal jurisdiction in West Germany and their unacceptable consequences. The second part is devoted to the basic theoretical assumptions of the doctrine of Organisationsherrschaft and its significance for the perception of the boundary between perpetration and participation in German criminal law. The third part briefly presents the contemporary reception of Roxin’s thought, as well as the main points of his criticism, indicating, however, how important it was to effectively prosecute decision-makers from the power apparatus of the Third Reich.
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Zimmermann, H. « Fiscal Equalization between States in West Germany ». Environment and Planning C : Government and Policy 7, no 4 (décembre 1989) : 385–93. http://dx.doi.org/10.1068/c070385.

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Almost from the beginning of the Federal Republic of Germany in 1949, a sophisticated horizontal equalization mechanism with strong equalizing effects has existed between its states ( Länder). Its historical and social background is shown briefly, and the equalization procedure, which compares the revenue potential of each state with a rough measure of its fiscal need, is described in detail. The far-reaching equalization of state revenues that results is evaluated under distributional objectives and above all on allocative grounds: There are few incentives for states to care for their own tax base, particularly because states have no tax-rate authority which would enable them to vary their revenues from own sources.
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Günther, Jutta. « Innovation cooperation : experiences from East and West Germany ». Science and Public Policy 31, no 2 (1 avril 2004) : 151–58. http://dx.doi.org/10.3152/147154304781780073.

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Thèses sur le sujet "Administrative law – Germany (West)"

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Wolff, Ulrich Hermann. « Reducing damages claims for beneficial events : comparative thoughts in German civil law and common law ». Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64045.

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Maier, Benjamin Gerhard. « The legal regulation of internal party democracy - a study of South Africa and Germany ». Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15206.

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This paper attempts to expand the knowledge on these issues and therefore seeks to get a deeper understanding on the legal regulation of internal party democracy, which is widely considered as one of the most controversial topics concerning party regulation. This will be done by carrying out a case study of two constitutional democracies that handle party regulation differently. Germany, known as 'heart land of party law', constitutes the example of a state in which the internal organisation and functioning of political parties is regulated by both the Basic Law (the German Constitution) and federal laws. South Africa will be provided as the contrast example of a state that lacks express provisions that regulate the internal organisation and functioning of political parties. This paper does therefore not seek to conduct a 'classical' comparative study as the legal framework of two countries will be examined which deal in different ways with internal party democracy. However, this research approach promises to create a more holistic - even though certainly not complete - image of the challenges of the legal regulation of internal party democracy.
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Kratz, Annette. « A comparison of the vocational training system of Britain and West Germany as experienced by minimum-age school leavers ». Thesis, Aston University, 1990. http://publications.aston.ac.uk/10881/.

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The sectoral and occupational structure of Britain and West Germany has increasingly changed over the last fifty years from a manual manufacturing based to a non-manual service sector based one. There has been a trend towards more managerial and less menial type occupations. Britain employs a higher proportion of its population in the service sector than in manufacturing compared to West Germany, except in retailing, where West Germany employs twice as many people as Britain. This is a stable sector of the economy in terms of employment, but the requirements of the workforce have changed in line with changes in the industry in both countries. School leavers in the two countries, faced with the same options (FE, training schemes or employment) have opted for the various options in different proportions: young Germans are staying longer in education before embarking on training and young Britons are now less likely to go straight into employment than ten years ago. Training is becoming more accepted as the normal route into employment with government policy leading the way, but public opinion still slow to respond. This study investigates how vocational training has adapted to the changing requirements of industry, often determined by technological advancements. In some areas e.g. manufacturing industry the changes have been radical, in others such as retailing they have not, but skill requirements, not necessarily influenced by technology have changed. Social-communicative skills, frequently not even considered skills and therefore not included in training are coming to the forefront. Vocational training has adapted differently in the two countries: in West Germany on the basis of an established over-defined system and in Britain on the basis of an out-dated ill-defined and almost non-existent system. In retailing German school leavers opt for two or three year apprenticeships whereas British school leavers are offered employment with or without formalised training. The publicly held view of the occupation of sales assistant is one of low-level skill, low intellectual demands and a job anyone can do. The traditional skills - product knowledge, selling and social-communicative skills have steadily been eroded. In the last five years retailers have recognised that a return to customer service, utilising the traditional skills was going to be needed of their staff to remain competitive. This requires training. The German retail training system responded by adapting its training regulations in a long consultative process, whereas the British experimented with YTS, a formalised training scheme nationwide being a new departure. The thesis evaluates the changes in these regulations. The case studies in four retail outlets demonstrate that it is indeed product knowledge and selling and social-communicative skills which are fundamental to being a successful and content sales assistant in either country. When the skills are recognised and taught well and systematically the foundations for career development in retailing are laid in a labour market which is continually looking for better qualified workers. Training, when planned and conducted professionally is appreciated by staff and customers and of benefit to the company. In retailing not enough systematic training, to recognisable standards is carried out in Britain, whereas in West Germany the training system is nevertheless better prepared to show innovative potential as a structure and is in place on which to build. In Britain the reputation of the individual company has a greater role to play, not ensuring a national provision of good training in retailing.
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Anderson, Stephen Frederick. « Establishing US Military Government : Law and Order in Southern Bavaria 1945 ». PDXScholar, 1994. https://pdxscholar.library.pdx.edu/open_access_etds/4689.

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In May 1945, United States Military Government (MG) detachments arrived in assigned areas of Bavaria to launch the occupation. By the summer of 1945, the US occupiers became the ironical combination of stern victor and watchful master. Absolute control gave way to the "direction" of German authority. For this process to succeed, MG officials had to establish a stable, clearly defined and fundamentally strict environment in which German officials would begin to exercise token control. The early occupation was a highly unstable stage of chaos, fear and confusing objectives. MG detachments and the reconstituted German authorities performed complex tasks with many opportunities for failure. In this environment, a crucial MG obligation was to help secure law and order for the defeated and dependent German populace whose previously existing authorities had been removed. Germans themselves remained largely peaceful, yet unforeseen actors such as liberated "Displaced Persons" rose to menace law and order. The threat of criminal disorder and widespread black market activity posed great risks in the early occupation. This thesis demonstrates how US MG established its own authority in the Munich area in 1945, and how that authority was applied and challenged in the realm of criminal law and order. This study explores themes not much researched. Thorough description of local police reestablishment or characteristic crime issues hardly exists. There is no substantial local examination of the relationship between such issues and the early establishment of MG authority. Local MG records housed in the Bayertsches Hauptstaatsarchiv (Bavarian Main State Archives) provide most of the primacy sources. This study also relies heavily on German-language secondary sources.
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Shane, Ruth Hardie. « Private Actions--Public Responsibilities : Reflections on West v. Atkins (1988) ». Diss., Virginia Tech, 2003. http://hdl.handle.net/10919/11062.

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This dissertation explores the pragmatic implications of judicial rhetoric found in a 1988 Supreme Court decision, i.e., this is a dissertation about public administration using constitutional law to illuminate an administrative question. My viewpoint is a legal/constitutional one which uses the law as pedagogue to inform public administration and to offer a useful message for the public administration practitioner. That message deals with a legal/constitutional distinction between publicness and privateness and the implications of that distinction. Quincy West was sentenced to prison in 1973 for armed robbery. While in prison he suffered a torn Achilles tendon for which he received inadequate medical care. After numerous attempts to obtain medical care, West filed suit against the prison physician contractor in federal courts for cruel and unusual punishment. This dissertation uses the story of West's legal efforts and the Supreme Court's decision in his case to discuss the broad implications of that decision for the public administration practitioner and government contractors. The lens is a constitutional one. The framework is John Rohr's schema for understanding a Supreme Court case: viewing that case from the institutional, concrete, dialectical, and pertinent perspectives. The specifics of West's allegations against his physician invite discussions of bioethical topics such as informed consent and medical legal topics such as malpractice and patient abandonment. The Court's determination of state action in West v. Atkins (1988) requires discussion of the administrative areas of contracts and grants administration as well as risk management. The complex responsibilities of the public administration practitioner are examined, as is his or her need to follow and independently learn from the messages included in the courts' interpretation of the law. This historic story illustrates that there is no bright line between law and policy. The Court's dialogue with itself is not merely interpretation and development of the law - it is policy reformulation. For this reason, among others, the conscientious administrator must monitor the Court's ongoing dialogue and listen attentively to its messages of import for our field and our practice.
Ph. D.
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Stephens, Robert Patrick. « The drug wave youth and the state in Hamburg, Germany, 1945-1975 / ». Access restricted to users with UT Austin EID Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3033588.

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Gardner, Jocasta. « The public debate about the formulation of the Basic Law of the Federal Republic of Germany, 1948-1949 ». Thesis, University of Oxford, 2004. http://ora.ox.ac.uk/objects/uuid:22eacfe2-571c-4d8a-a4fa-a13061a47ee4.

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Four years after the end of the National Socialist dictatorship and a disastrous major war, basic rights and democratic government were enshrined in the Basic Law for the Federal Republic of Germany in May 1949. Thus parliamentary democracy was formally and institutionally reintroduced to Western Germany at the Bund level. Successful implantation of democracy, however, requires not only constitutional arrangements but also, and perhaps more importantly, participation on the part of the people in the democratic process. Through analysis of the public involvement in the Basic Law's formulation and the impact of the public debate on the deliberations of the Parliamentary Council between September 1948 and May 1949, the degree of participation of Germans in the three Western zones of occupation, upon which the new West German state could subsequently build, is explored. Initial answers are suggested in chapter II and then developed in subsequent chapters as various contentious topics debated by the Parliamentary Council are examined. Anti-parliamentarianism, the search for a new symbol, newspaper perceptions as a reflection of the reality of interaction between occupier and occupied in the constitution's formulation, and the public debate about the nature and status of the second chamber, about the relationship between God and the Basic Law, and about full equality for women are analysed. The nature and extent of the public debate 1948-1949 make clear that the German population of the Western zones had already begun to think and function in a democratic fashion on the Bund level. This thesis suggests that the creation of an institutional framework, such as the Basic Law, should not be overemphasized at the expense of the developing democratic culture in post-war Western Germany. Without the gradual democratization of the population already well underway when the provisional constitution came into force on 23 May 1949, it is unlikely that the Federal Republic of Germany could have established itself so successfully so quickly.
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Künnecke, Martina. « Towards similar standards of judicial protection against administrative action in England and Germany ? : a comparison of judicial review of administrative action and the liability of public authorities under the influence of European laws ». Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:8314.

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This comparison has shown that the traditionally divergent positions, which are taken in the control of administrative action in England and Germany, display some common ground in very general terms on which decisions are being taken. The formulation of these general observations is valuable in the preparation of a transnational approximation of judicial review mechanism for the establishment of comparable levels of judicial protection in Europe. These results may be useful for future developments of a common system of judicial review across Europe, even though these results may only represent two pieces in the jigsaw. The comparison has also identified major differences and assessed the reasons for the diverging developments in a historical perspective. The identification of these differences is equally important because of the need to find compromises between divergent systems. Secondly, the thesis was concerned with an analysis of the degree of Europeanisation of the national judicial review systems and the concept of public liability as it is currently emerging. Here, some changes can be noted in both legal systems, which have led to a slow convergence of the systems. The changes in England are marked by an increasing openness for more transparency in the decision-making and the development of a more rights based culture. The substantive review of administrative decision through the application of sharper tools such as proportionality and substantive legitimate expectation mark a new era. Germany, on the other hand displays very high standards of review. The changes in Germany which were provoked mainly by case law of the European Court of Justice indicate the need to reduce the standard of review in some areas, such as the protection of substantive legitimate expectation in the context of the recovery of, state aid. The neglect of procedural protection which is illustrated by generous provisions which allow the in-trial curing of procedural effects displays an approach in Germany which is very focused on the substantive correctness of decisions. This attitude might, in the future lead to controversies in the context of European laws. Nevertheless, limitations to a convergence are inherently set by each national systems constitutional framework. The reasons for the different developments of both legal systems in the nineteenth and early twentieth century can not be ignored and will remain to an extent to preserve the national character of both systems. The variety of results, which have been identified in the four main chapters of this thesis were concerned with issues dealing with the institutional aspects as well as systematic aspects of judicial review and public liability in England and Germany. However, the nature of this comparison required the analysis of institutional contexts as well of the substantive and procedural judicial review mechanisms. The questions asked were concerned with identification of common principles and differences in a historical context, the degree of Europeanisation, which has led to an approximation of nationally divergent positions and the limitations, which are provided by each system's constitutional framework in which judicial review operates. The comparison focused on the development of a system of judicial review of administrative action in a historical perspective, the judicial control of the exercise of discretionary powers, fair procedures and their judicial review and the liability of public authorities in tort.
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Du, Plessis J. R. « The law of culpable homicide in South Africa : with reference to the law of manslaughter in English law and the law related to negligent killing in German law ». Thesis, Rhodes University, 1987. http://hdl.handle.net/10962/d1003185.

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Culpable homicide is the unlawful negligent killing of a fellow human being. As such it is in many respects a 'residual' crime being the verdict prosecutors may expect when they are unable to prove the intention to kill when prosecuting for murder. A feature of this was that in the past when defences such as, for instance, intoxication or provocation were raised at murder trials, convictions of culpable homicide were almost automatic. In recent years, under the influence of the 'purist' current in our Criminal law, intoxication has become a defence to culpable homicide and provocation resulting in loss of self-control has also become a defence to culpable homicide. These developments are unacceptable to some writers on criminal law and a move away from the purist approach to the 'traditional' or pragmatic approach is to be expected. Greater emphasis will be placed on practical results than on the achievement of logical consistency. This could result in the law of culpable homicide becoming more socially effective than it is at present.
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Steneck, Nicholas J. « Everybody has a chance : civil defense and the creation of cold war West German Identity, 1950-1968 ». The Ohio State University, 2005. http://rave.ohiolink.edu/etdc/view?acc_num=osu1124210518.

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Livres sur le sujet "Administrative law – Germany (West)"

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Die Aufhebung des der Drittanfechtung unterliegenden Verwaltungsakts. Frankfurt am Main : P. Lang, 1989.

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Imperfect justice : An East-West German diary. Oxford : Clarendon Press, 1995.

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(Germany), Bundesarchiv. Bundesministerium der Justiz. Koblenz : Bundesarchiv, 1999.

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Die Anwendung der Jugendstrafe : Rechtliche Grundlagen und gerichtliche Praxis. Frankfurt am Main : P. Lang, 1990.

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Die Trichotomie des allgemeinen Verwaltungsrechts. Frankfurt am Main : P. Lang, 1996.

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Office, General Accounting. Budget issues : Budgeting practices in West Germany, France, Sweden, and Great Britain : fact sheet for the chairman, Committee on Government Operations, House of Representatives. Washington, D.C : The Office, 1986.

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Singh, Mahendra P. German administrative law in common law perspective. Berlin : Springer, 2001.

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(Pakistan), North-west Frontier Province. Government of the North-west Frontier Province rules of business, 1985 ... Peshawar : Stationary & Printing Department, Govt. of N.W.F.P., 1990.

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Mager, Ute. Staatsrecht. 6e éd. Stuttgart : Kohlhammer, 2014.

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Die Anwendung von Verwaltungszwang unter Abweichung vom Regelvollstreckungsverfahren. Frankfurt am Main : P. Lang, 1988.

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Chapitres de livres sur le sujet "Administrative law – Germany (West)"

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Stelkens, Ulrich. « Administrative Appeals in Germany ». Dans Alternative Dispute Resolution in European Administrative Law, 3–55. Berlin, Heidelberg : Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-34946-1_1.

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Engewald, Bettina. « Administrative Silence in Germany ». Dans The Sound of Silence in European Administrative Law, 67–106. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-45227-8_3.

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Offczors, Günter, et Matthias Ruete. « Law and Peace in West Germany ». Dans Nuclear Weapons, the Peace Movement and the Law, 219–30. London : Palgrave Macmillan UK, 1986. http://dx.doi.org/10.1007/978-1-349-18200-8_13.

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Ziekow, Jan. « Administrative Procedures and Processes ». Dans Public Administration in Germany, 163–83. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_11.

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AbstractA process-oriented approach sees public administration as an interconnection of information, communications, interactions and decisions. It establishes the process organisation that shows the state ‘in action’ and complements the administrative and personnel side of public administration. While the term administrative processes can be understood as a generic term for this procedural side of the administration, according to the German understanding, procedures are processes with which the administration works towards citizens and companies and in which these face the administration with their own rights. Characteristic of these procedures vis-à-vis persons outside the administration is a high degree of juridification by administrative procedure law. The legal status of the citizen vis-à-vis the administration is very strong in Germany. In recent years, also influenced by New Public Management thought, great efforts have been made to optimise the procedural side of public administration. The chapter presents significant tools and approaches of this process thinking.
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Mehde, Veith. « Control and Accountability : Administrative Courts and Courts of Audit ». Dans Public Administration in Germany, 185–203. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_12.

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AbstractThe control of the administration by administrative courts follows very particular rules. Two elements of the German system stand out: first, the intensive type of control which makes the scope for independent administrative decision-making an exception. Second, the quite strict restrictions on locus standi. The development of administrative law by the courts and its application by the administration are an elementary part of the German legalistic tradition. The courts of audit at all levels of government also play an independent role. They can control the proper as well as the efficient use of funds from the respective budgets. While there is no enforcement mechanism, the publication of the findings certainly leads to pressure to comply.
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Schrapper, Ludger. « The Administration of the Länder ». Dans Public Administration in Germany, 105–21. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_8.

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AbstractIn the system of German federalism, the administrations of the 16 federal states (Länder) have central responsibility for the enforcement of both federal and state law. Despite all the heterogeneity in terms of size, administrative tradition and culture, their administrative structures are relatively uniform. Everywhere, the municipalities, which are part of the state executive under state law, play a significant and, above all, independent role as bodies of the public administration. There are some differences, but administration seems in some respects relatively homogeneous, not least due to the largely similar staffing structures, career patterns and administrative cultures. Structural reforms of very different scopes have been a long-term phenomenon since the 1990s.
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Hanschel, Dirk. « Progress and the Precautionary Principle in Administrative Law — Country Report on Germany ». Dans Recent Trends in German and European Constitutional Law, 179–209. Berlin, Heidelberg : Springer Berlin Heidelberg, 2006. http://dx.doi.org/10.1007/978-3-540-37720-7_7.

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Gehlen, Boris. « Corporate law and corporate control in West Germany after 1945 ». Dans Rhenish Capitalism, 66–88. London : Routledge, 2021. http://dx.doi.org/10.4324/9781003258636-3.

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Schlund, Sebastian. « Embodied Inequalities : Intersections of Dis/abilities and Gender in West Germany (1950–1990) ». Dans Dis/ability in Media, Law and History, 90–102. London : Routledge, 2022. http://dx.doi.org/10.4324/9781003257196-8.

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Hofmann, Hans. « Europeanisation and German Public Administration ». Dans Public Administration in Germany, 53–60. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_4.

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AbstractThis chapter discusses how public administration in Germany is influenced by the making and implementation of law by the organs of the European Union (EU). Although the public administrations of the EU Member States are, in principle, responsible for enforcing the laws made by the EU, the EU’s influence on the public administration of Germany as EU Member State is constantly growing. This is true, not only of those areas in which the Member States have transferred to the EU the authority to make laws, but increasingly also of those areas in which the Member States have retained such authority. At the same time, however, there is no systematic codification of the law on administrative procedures at European level and no system of legal remedy for Union citizens equivalent to those at national level.
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Actes de conférences sur le sujet "Administrative law – Germany (West)"

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Beutel, Jochen, Edmunds Broks, Arnis Buka et Christoph Schewe. « Setting Aside National Rules that Conflict EU law : How Simmenthal Works in Germany and in Latvia ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.

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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.
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Kovaļevska, Anita. « Faktiskās rīcības jēdziens Latvijā un Vācijā ». Dans Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.42.

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The concept of real action (Realakt – in German) is well known in both Latvia and Germany. In both countries, real action is contrasted with those acts of public administration that produce legal effects, thus explaining the distinction between real action and administrative acts, regulatory acts and contracts. In Germany, however, the concept of real action is broader and actually covers all activities of public administration, which do not produce legal effects. Consequently, public administration’s activities (actions) in the field of private law, activities (actions) aimed at the execution of an administrative act, simple administrative activities (actions), internal public administration activities (actions) and procedural activities (actions) are also covered by the concept of real action.
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Dauster, Manfred. « Criminal Proceedings in Times of Pandemic ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.

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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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