The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary

The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.

  
       
         
    STUDIA IURISPRUDENTIA - Issue no. 2 / 2006  
         
  Article:   A REPORT ON THE ORGANIZATION AND JURISDICTION OF THE ADMINISTRATIVE COURTS IN GERMANY / DIE GERICHTLICHE KONTROLLE DER VERWALTUNG IN DEUTSCHLAND.

Authors:  REINHARD MUSSGNUG. 		 
       
         
  Abstract:  A report on the organization and jurisdiction of the administrative courts in Germany. It concentrates itself on the “guarantee of the course of law” which art. 19 sec. 4 of the Basic Law of Germany assures anybody, who feels himself violated in his rights by any administrative or even governmental action. The author emphasizes the unlimited totality of the legal protection the administrative courts owe to the citizens, and points out, that there isn’t room for an “act of state doctrine” or similar constructions, which could bar cases of exceptional political importance from the controlling power of the administrative courts. With the same strength the author underlines, that their independency not only gives power to the administrative courts to overrule the administrative authorities and even the policies of government, but on the other hand binds them strictly to the rules of law as the only criteria of their judgments, so that the administrative jurisdiction remains just a legal control that correctly carried out doesn’t falsify itself to a political control of the discretionary powers of administration, which in a democratic state strictly has to be reserved for the parliament.  
         
     
         
         
      Back to previous page