Administrative Law

Administrative law regulates the legal relations between citizens and authorities of the Federal Government, the Länder, municipalities and other public corporations, including municipal associations, universities, Landesbanks and foundations.

The following range of topics illustrates the factual diversity of general administrative law relations between citizens and public authorities. There you will find further explanations on individual topics.

Individual Areas of Administrative Law

The purpose of waste and recycling management law is to recycle and dispose of waste in an environmentally compatible and resource-conserving manner. The legal priorities are primarily to avoid waste, then to recycle it and finally to dispose of it.

Waste law regulates the obligation of citizens to offer waste to the disposal authorities. The result is the authority of the authorities to levy waste charges, certain obligations of the plant operators and a duty of tolerance on the part of citizens with regard to entering property.

The building planning law serves the enforcement of urban design interests of the municipalities. It regulates land use in the Building Code and the Building Usage Ordinance.

In addition, building planning law regulates the municipal urban land-use planning procedure, with which the municipalities determine the possibilities for the use of public and private real estate. It also determines the admissibility of individual projects in the area of a development plan and in the historically grown interior and exterior areas that have emerged without urban land-use planning.

Building code law serves to avert dangers in connection with the construction, demolition and change of use of buildings (building police law). It is regulated in the building regulations of the federal states as well as in other regulations.

Land readjustment is often a prerequisite for municipal urban land use planning. The purpose of land readjustment is to develop properties that can be built on according to their size and location.

The municipality is responsible for land readjustment. It carries out a so-called reallocation or building land reallocation procedure. The municipal council decides on the reallocation, i.e. the new layout of the parcels, by means of a resolution on the reallocation. The reallocation decision is an administrative act capable of legal remedy.

The Soil Protection Acts of the Federal Government and the Länder are a supplementary law to avert danger for the protection of soil and groundwater.

However, soil protection law also regulates special official interventions such as the authority to order test drillings if there is a suspicion of soil contamination, as well as a secondary liability regulation in the event of legal succession in land ownership and operation.

The law on the protection of historical monuments is the legislative competence of the federal states. The state laws for the protection of historical monuments pursue the special protection and preservation of buildings of the public sector and private owners for reasons of cultural and architectural history.

Disciplinary law is the sanctions law inherent in civil service law, so to speak criminal law in the area of the civil service. It is governed by both the Federal Disciplinary Act and the Land Disciplinary Act, although the sanction procedure varies from Land to Land.

Irrespective of the form of the disciplinary procedure, there is legal protection against any form of disciplinary measure imposed by authorities or courts.

The development of building plots is the legal prerequisite for building on plots. The development facilities consist of pathways, fresh water supply pipes, sewerage systems and lighting for the public pathways.

The municipality is responsible for the development and for determining and levying development contributions. The municipality issues notices of development contributions which can be appealed against.

European law includes EU state aid law, subsidy law and subsidy law.

We support you in legal disputes concerning matriculation, loss of the examination entitlement, exmatriculation, extension of the maximum period of study and application for hardship as well as in disputes concerning examinations.

Legal protection is limited when it comes to school marks, school reports, evaluations, marks and examination results – both in training relationships and in the field of higher education. The pupil, student or trainee should not be able to substitute his own assessment for that of the examiner. For this reason, there is a so-called evaluation latitude (also called evaluation latitude) on the side of the respective examiner.

The question of the appropriateness of the respective grading or evaluation is therefore usually not the subject of judicial legal protection. Therefore, in order to safeguard the legal interests of the person concerned, an objection procedure, also known as preliminary proceedings or reconsideration proceedings, regularly takes place in the run-up to the court proceedings. The bases of the evaluation are verifiable so that the evaluation is not completely detached from the legal requirements, taking into account the auditor’s scope of assessment.

The (judicially) verifiable bases of the assessment usually include the questions whether the examiner assumed false facts (error in factual respect), whether he made irrelevant considerations in the assessment or violated generally valid assessment standards.

Your Contact for Administrative Law

Gregor Höfling

Construction Law, Administrative Law, Public Procurement Law

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