Non-judicial and Judicial Control of Public Administration in Germany

Contribution to the course Oversight of State Administration from a comparative perspective

16.12.22

Semester 1, 2022/23 (IUP); Tuesday and Thursday, 08.11., 10.11., 15.11. and 17.11.2022, 08:00 - 09:40 (Class A) resp. 10:00 - 11:40 (Class B), room B.4.2 (Class A) resp. B.4.3 (Class B)

Home ] [ Course Contribution Description ] Downloads ] [ Contents ] [ Bibliography ] [ Links ]

Note on the final examination

I have corrected and graded your answers to my question in the final examination and returned your papers to the IUP management, together with a correction sheet which I completed for each paper individually. The purpose of an exam is not only to generate grades but also to allow you to identify the strong and weak sides of your work, so that you can improve your performance and avoid making the same mistakes again in the future. Therefore, you should study the individual correction sheet for your paper carefully, together with my direct comments in your paper. You are also welcome to discuss it with me in my office (A.IV.11). The paper and the correction shield are available at the IUP management. Since this was an offline exam, the correction sheet exists only in paper form and I am therefore unable to send it to you electronically.

There were some excellent and even more than excellent answers to my question, but also many that failed, mainly because you did not read the exam question carefully and did not exactly answer what was asked for. Please see for the details my final exam observations.

Course Contribution Description

At the Faculty of Law of Universitas Gadjah Mada the courses are shared by several lecturers. This table informs about the contents of my lectures in November 2022. They complement those of my colleagues from the comparative perspective with a focus on German law. The comparative approach is helpful for a better understanding of the own national administrative law, its particularities, strong and weak points and possible perspectives.

Parts of this course contribution build on the studies on the legality of the administrative decision in the course Administrative Law in the last semester. Please review the relevant materials before the first lecture!

Downloads (PDF files)  

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all materials in one file

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Contents

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Legal provisions in English translation

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Diagram 1  (Mechanisms to control public administration in Germany)

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Diagram 2  (Prospects of success of a legal action before the administrative court)

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Final exam (Question, answer & observations)

 
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Slides presented in the lectures (® aids for illustration)
- Slide 1  (Introduction; concerning § 1)
- Slide 2  (Administrative self-control; concerning § 2)
- Slide 3  (Non-judicial external control of public administration; concerning § 3)
- Slide 4  (Judicial control of public administration in Germany; concerning § 4)
- Slide 5  (Topics for discussion; concerning § 5)

Contents (summary/details)

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§ 1  Introduction

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§ 2  Administrative self-control

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§ 3  Non-judicial external control of public administration

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§ 4  Judicial control of public administration in Germany (overview)

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§ 5  Topics for discussion

Bibliography (selection for this course contribution)

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Cane, Peter; Hofmann, Herwig C. H.; Ip, Eric C.; Lindseth, Peter L.: The Oxford Handbook of Comparative Administrative Law, 2021, p. 697 ff. (for advanced research with a general comparative approach)

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Kuhlmann, Sabine; Proeller, Isabella; Schimanke, Dieter; Ziekow, Jan: Public administration in Germany 2021, p. 27 ff., 185 ff.

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Künnecke, Martina: Tradition and Change in Administrative Law, 2006, p. 21 f., 28 ff., 34 ff., 42 ff.

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Langbroek, Philip M.; Buijze, Anoeska; Remac, Milan Remac: Designing Administrative Pre-Trial Proceedings. A comparative study of administrative legal protection in England and Wales, France, Germany and the Netherlands with a view to developing administrative pre-trial procedures, 2012

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Leithoff, Ralf: Introduction to the Public Administrative Jurisdiction in Germany, Hrvatska Javna Uprava 6 (2006), no. 3, p. 23 ff.

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Pünder, Hermann; Klafki, Anika: Administrative Law in Germany, in: René Seerden (editor), Comparative Administrative Law. Administrative Law of the European Union, its Member States and the United States, 4th edition 2018, p. 81 ff.

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Robbers, Gerhard: An Introduction to German Law, 7th edition 2019, p. 107 ff.

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Weidemann, Lilly: Administrative Procedure and Judicial Review in Germany, in: Giacinto della Cananea, Mauro Bussani (editors), Judicial Review of Administration in Europe, 2021, p. 53 ff.

Links

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German Laws in English translations: Basic Law for the Federal Republic of Germany of 1949; Code of Administrative Court Procedure; Federal Court of Auditors Act

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concerning § 3: Federal Court of Auditors [Bundesrechnungshof], courts of auditors of the Länder

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concerning § 4: Federal Administrative Court [Bundesverwaltungsgericht], German system of administrative courts

 

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