Charles Explorer logo
🇬🇧

German administrative judiciary over the time

Publication at Faculty of Law |
2016

Abstract

Since the middle of the 19th century, the German administrative judiciary has undergone a tumultuous development. The basis of its formation was an acknowledgement of the idea of necessity of the separated judiciary and administration.

On the territory of the German Reich, several different models of administrative judiciary existed. These became later, during the age of Weimar Republic, barrier for creation of unified system of the administrative judiciary.

As early as the beginning of the 19th century, specialized organs carrying out, among others, also a function of the administrative courts arose on the central level. Their number grew in the 20ies and 30ies, while the importance of the administrative courts decreased in proportion to the effort of the Nazi regime to weaken and simplify the administration.

The peak of this effort represented the Decree of the Fuehrer and Reich's Chancellor on the simplification of the administration, which conditioned the possibility to appellate by a permission of the organ issuing the decision in question. The first attempts to establish the Reich's administrative judiciary may be noticed already in the 19th century.

The later propositions from the 20ies of the 20th century failed due to the chosen model of federalism and rivalry among the individual states. Administrative judiciary as the support of the administration became an aim of the administrative judiciary at the end of the 30ies.

At that time, the Reich's Administrative Court was grounded and organs that decided in the matters of the administrative judiciary on the central level so far became its part. The judges of these organs became the judges of the Reich's Administrative Court.

The unified system of the Reich's administrative judiciary was never constituted. In reality, the administrative judiciary was paralysed, even though, outwardly, the system seemed to be working.