Legal Protection against Administrative Decisions/Action in Germany Contribution to the course Administrative Law from the perspective of comparison of laws |
30.06.25 |
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Semester 2, 2024/25 (IUP); Wednesday, 21.05., and Monday, 26.05.2025, 08:00 - 09:40, room B.3.6 (Class B) resp. 10:00 - 11:40, room B.3.5 (Class A) |
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Final note
After the end of the course this website has been finished. It will stay available for the purpose of deepening and repetition. Thank you for your interest and commitment. You are always welcome to contact me for any comments or questions. With best wishes for your future studies, yours Prof. Dr. Thomas Schmitz
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 on 21. and 26.05.2025. They complement those of my colleagues Virga Dwi Efendi, Dr. Oce Madril and Dr. Richo Wibowo from the comparative perspective 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 (Prospects of success of a legal action before the administrative court) |
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Special material (Judicial Review of Administrative Action in
Germany) |
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How to answer exam questions |
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Final examination (question, answer and observations) |
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Slides presented in
the lectures (®
aids for illustration) |
Contents (summary/details)
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§ 1 Introduction |
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§ 2 Legal protection by public administration itself: the objection proceedings |
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§ 3 Legal protection by the courts: judicial control (overview) |
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, 2007, 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, 8th edition 2023, p. 110 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. |
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German Laws in English translations: Basic Law for the Federal Republic of Germany of 1949; Code of Administrative Court Procedure |
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concerning § 1 - 3: Thomas Schmitz, Administrative action, course material, Astana 2023 (on forms of admin. action, in particular the admin. act [decision]) |
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concerning § 2 III: Thomas Schmitz, The legality of an administrative act, course material, Astana 2023 (detailed examination scheme) |
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concerning § 3: Federal Administrative Court [Bundesverwaltungsgericht], German system of administrative courts |