Municipalities are to some extent entitled by law to administrate matters of local importance. However, they cannot act just as they like. In fact, they are supervised by competent authorities. Even individuals can apply to courts if they think the Municipalities did not accomplish their duties and responsibilities sufficiently, or failed to perform them at all. A closer contemplation of this subject matter follows on the forthcoming pages.
Table of Contents
A. General outline
B. Potential legal capacity for individuals to apply to courts in solutions of matters of local importance
I. Potential legal capacity in German law for individuals to apply to courts in solutions of matters of local importance
1. Overview about administrative actions
a) The admissibility of an administrative action
b) The reasonableness of an administrative action
2. Administrative legal protection
3. Possible complaints against insufficiency in solution of matters of local importance
a) Action of opposition
aa) Criteria for the admissibility of an action of opposition
bb) Criteria of the reasonableness of an action of opposition
b) Action for a declaratory judgement
aa) Criteria for the admissibility of an action for a declaratory judgement
bb) Criteria of the reasonableness of an action for a declaratory judgement
c) Judicial review
aa) Abstract and concrete judicial review
bb) Judicial review according to § 47 VwGO
4. Possible complaints against the failure to act of municipal authorities in solution of matters of local importance
a) Action for commitment
aa) Criteria for the admissibility of an action for commitment
bb) Criteria for the reasonableness of an action for commitment
b) Action for performance
aa) Varieties of an action of performance
(1) Action for conduct
(2) Action for omission
bb) Criteria for the admissibility of an action for performance
cc) Criteria for the reasonableness of an action for performance
5. Constitutionality of administrative actions
a) Discretion
aa) Types of discretion
(1) Discretion of ruling
(2) Discretion of assortment
bb) Margins of discretion
(1) Failure of discretion
(2) Misuse of discretion
(3) Exceedance of discretion
b) The right to be heard
c) Bias
II. Potential legal capacity in English law for individuals to apply to courts in solutions of matters of local importance
1. Judicial review
a) The scope of judicial review
b) The limits of an Administrative Court's role
c) The grounds for judicial review
aa) Illegality
(1) Decision maker acting ultra vires
(2) Unlawfully delegating power or fettering discretion
(3) Taking into account irrelevant considerations
bb) Irrationality
cc) Procedural Impropriety
(1) Failure to give each party to a dispute an opportunity to be heard
(2) Bias
(3) Failure to conduct a consultation properly
(4) Failure to give adequate reasons
(5) Legitimate expectation
2. Other potential claims
C. Communal supervision of efficiency, resulting capacity and sufficiency in solution of matters of local importance
I. Communal supervision of efficiency, resulting capacity and sufficiency in solution of matters of local importance in Germany
1. Meaning of the supervision
2. Competent supervisory authorities
3. Types of supervision
a) Legal supervision
b) Functional supervision
II. Communal supervision of efficiency, resulting capacity and sufficiency in solution of matters of local importance in Austria
1. Competent supervisory authority
2. The content of communal supervision
3. The scope of communal supervision
Objectives and Thematic Focus
This work examines the mechanisms by which individuals can challenge administrative decisions and inaction by local authorities in Germany and England, while also analyzing the systems of communal supervision in Germany and Austria to ensure local governance efficiency.
- Legal standing of individuals in administrative court proceedings
- Comparative analysis of German and English administrative law
- Grounds for judicial review, including illegality, irrationality, and procedural impropriety
- Mechanisms of municipal supervision and their legal frameworks
- Concepts of administrative discretion and its constitutional limitations
Excerpt from the Book
The reasonableness of an administrative action
The scrutiny of the reasonableness (“Begründetheit”) of a claim means to verify, whether the administrative decision has been lawful. Hence, the administrative action is reasonable, if the demand of the claimant is justifiable on the basis of the material legal situation.
There are many criteria which must be met: The right position as respondent, existence of a legal basis for suretyship for the purported infringement of the claimants rights, formal lawfulness (“formelle Rechtmäßigkeit”) of the behaviour of the administration and material lawfulness (“materielle Rechtmäßigkeit”).
The scrutiny of the material lawfulness is the most important part of this examination. It should clarify, if the facts of the case have been ascertained entirely and precisely, if all concepts of law have been interpreted exactly and if the obligation to justice and law has been considered. Furthermore, in discretionary decisions the administration court investigates if the administration has exercised the discretion granted as in duty bound.
However, according to § 68 section 1 Verwaltungsgerichtsordnung (Administration Procedural Law, in the following VwGO) the scrutiny of the administrative decision's convenience is the purpose of the preliminary proceeding (“Vorverfahren”).
Summary of Chapters
A. General outline: Provides an introduction to the supervision of municipalities and the rights of individuals to seek judicial remedy against inadequate performance of local authorities.
B. Potential legal capacity for individuals to apply to courts in solutions of matters of local importance: Analyzes the sophisticated German system of administrative actions and the English system of judicial review as methods for individuals to protect their rights.
C. Communal supervision of efficiency, resulting capacity and sufficiency in solution of matters of local importance: Details the structural oversight of municipal activities in Germany and Austria to ensure adherence to law and democratic principles.
Keywords
Administrative Law, Local Self-Government, Judicial Review, German Administrative Court, English Law, Administrative Actions, Municipal Supervision, Legal Capacity, Discretionary Power, Rule of Law, Ultra Vires, Procedural Impropriety, Constitutional Law, Public Authority, Litigation
Frequently Asked Questions
What is the primary focus of this publication?
The document focuses on the legal avenues available to individuals to challenge local authorities when they fail to perform their duties or act in a way that infringes upon legal rights.
What are the central thematic fields covered?
The main themes include administrative law, municipal supervision, judicial review procedures, and the comparative legal frameworks in Germany, England, and Austria.
What is the core objective of this study?
The objective is to provide a legal expert's perspective on how administrative efficiency and accountability are maintained through court-based remedies and governmental oversight.
Which scientific methods are employed?
The work utilizes legal analysis and comparative jurisprudence, examining specific statutes, procedural laws (such as the VwGO), and relevant judicial precedents.
What content is addressed in the main body?
The main body covers the admissibility and reasonableness of administrative actions, specific types of complaints like actions of opposition or commitment, and the constitutional limits of administrative discretion.
What are the key terms characterizing the work?
Key terms include administrative law, judicial review, municipal supervision, legal standing, and the principles of legality and reasonableness.
How does German law distinguish between types of administrative discretion?
German law distinguishes between "discretion of ruling" (whether to act at all) and "discretion of assortment" (how and against whom to proceed), both of which are subject to outer legal limits.
What grounds for judicial review are recognized in English law?
English law generally categorizes grounds for judicial review into three areas: illegality, irrationality, and procedural impropriety.
How is the "communal supervision" in Austria structured?
It is regulated by the Austrian Constitution (B-VG) and executed by administrative district authorities known as "Bezirkshauptmannschaft", which oversee whether municipalities infringe upon statutes or by-laws.
- Quote paper
- Wolfgang Tiede (Author), 2007, Application of Parameters of Working Efficiency in Matters of Local Importance and Municipal Standards in European Countries, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/169719
