Diagram 1 (The legality of an administrative decision [= admin. act] under German administrative law)
Administrative Law Contribution to the course from the perspective of comparison of laws |
12.03.26 |
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Semester 2, 2025/26 (IUP); Monday and Wednesday, 02.03., 04.03.2026, 08:05 - 09:25, room B.3.6 (Class B) resp. 09:30 - 10:50, room B.3.5 (Class A), and 25.05., 27.05.2026, 08:05 - 09:45 (Class B) resp. 10:00 - 11:40 (Class A) |
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Note on the mid-term and final examination
Dear course participants, I will not contribute with an own exam question to the mid-term examination but contribute with a combined question on all contents of my course contribution to the final examination in June. Enjoy nice Eid holidays!
Course Contribution Description
At the Faculty of Law of Universitas Gadjah Mada the courses are shared by several lecturers. This website informs about the contents of my lectures in March and May 2026. They complement those of my colleagues from the perspective of comparison of laws with a special focus on German administrative law. The comparative approach is helpful for a better understanding of the own national administrative law, its particularities, strong and weak points and the perspectives of its development.
Downloads (PDF files)
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Diagram 1 (The legality of an administrative decision [= admin. act] under German administrative law) |
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Special material (The requirements of the legality of the
administrative decision in German and European law) |
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Slides presented in
the lectures (®
aids for illustration) |
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More materials will follow during the course. |
Contents (summary/details)
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§ 1 Introduction |
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§ 2 The structure of central and local government |
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§ 3 The elements of the legality of the administrative decision |
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§ 4 Exercise in practical case-solving in the field of administrative law |
Bibliography (selection for this course contribution)
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Della Cananea, Giacinto: Administrative Law in Europe: A Historical and Comparative Perspective, 2009 |
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Kuhlmann, Sabine; Proeller, Isabella; Schimanke, Dieter; Ziekow, Jan: Public administration in Germany 2021 (for advanced research) |
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Künnecke, Martina: Tradition and Change in Administrative Law, 2007, p. 31 ff., 73 ff., 137 ff. |
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Napolitano, Giulio; Parona, Leonardo: Comparative Administrative Law. An Introduction, 2025, p. 27 ff., 250 ff. |
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Robbers, Gerhard: An Introduction to German Law, 8th edition 2023, p. 17 ff., 70 ff., 92 ff. |
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Rose-Ackermann, Susan Lindseth, Peter L.; Emerson, Blake (editors): Comparative Administrative Law, 2nd edition 2019 |
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Ruffert, Matthias (editor): Administrative law in Europe. Between Common Principles and National Traditions, 2013 |
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Schmidt-Aßmann, Eberhard: General principles of German administrative law, Journal of the Indian Law Institute 35 (1993), no. 1/2, p. 65 ff. |
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Saurer, Johannes: Administrative Law, in: Joachim Zekoll; Gerhard Wagner (editors), Introduction to German Law, 3rd edition 2019, p. 97 ff. |
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Seerden, René (editor): Comparative Administrative Law: The Administrative Law of the European Union, its Member States and the United States, 4th edition 2018 |
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Weidemann, Lilly: Administrative Procedure and Judicial Review in Germany, in: Cananea, Giacinto della; Bussani, Mauro (editors), Judicial Review of Administration in Europe, 2021, Chapter 8 |
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Legal sources: European Charter of Local Self-Government (text/special website), Basic Law for the Federal Republic of Germany of 1949 (see art. 1(3), 20(1, 3), 28(2)), German Administrative Procedure Act (translation of 2008), Treaty on the Functioning of the European Union (see art. 263 sub-sect. 2); see also the American Administrative Procedure Act (U.S.Code, Chapter 5) |
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concerning § 2 II: Congress of Local and Regional Authorities (institution of the Council of Europe), Council of European Municipalities and Regions (European association of local and regional governments) |
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concerning § 2 II.2, V: Hellmut Wollman, Local Government and Governance in Germany, Decentralisation.net 27.12.2024; concerning other European countries see Dragan Bataveljic; Dusan Jerotijevic; Dejan Logarusic, A Comparative Analysis of the Most Popular Models of Local Government, Economica 62 (2016), no. 4, p. 141 ff. |
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concerning § 3 V.1: Benjamin Guégau, The examination of the legality of the administrative decision in France (diagram), conference paper, Hanoi 2013 |
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concerning § 3 VI: Thomas Schmitz, The administrative procedure in German administrative law, conference paper, Hanoi 2013; Hermann Pünder, German administrative procedure in a comparative perspective. Observations on the path to a transnational ius commune proceduralis in administrative law, in: International Journal of Constitutional Law 11 (2013), no. 4, p. 940 ff.; Giacinto della Cananea; Leonardo Parona, Administrative Procedure Acts in Europe: An Emerging “Common Core”?, in: The American Journal of Comparative Law 72 (2024), no. 2, p. 324 ff.; SIGMA, Checklist for a General Law on Administrative Procedures, 2005; Committee of Ministers of the Council of Europe, Recommendation CM/Rec(2007)7 on good administration |
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concerning § 4: For those interested in the art of precise and correct legal case-solving: Thomas Schmitz, Course "Introduction to legal case-solving and mooting", Hanoi Law University, Semester 1, 2013/14 (see in particular the practical guidelines) |