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Introduction
The Federal Administrative Court (BVerwG) is one of the five supreme courts of the Federal Republic of Germany and has jurisdiction over legal disputes in the field of public law that do not fall within the jurisdiction of other supreme federal courts. It has its headquarters in Leipzig. In this article, we will discuss the role, functions and importance of the Federal Administrative Court in the German legal system.
Key Facts
- The Federal Administrative Court (BVerwG ) is one of the five highest courts in Germany with jurisdiction over public law.
- Founded in 1953, the BVerwG has a central role in the jurisprudence of common law in Germany.
- The court examines legal disputes in areas such as administrative law, construction law, environmental law and asylum law.
- The appeal is the main procedure and allows a review of legal errors following rulings by the higher administrative courts.
- During an appeal, the decision of the Federal Administrative Court can be contested with regard to the revision.
- The BVerwG is divided into senates, each responsible for specific administrative law cases.
- It promotes legal certainty and legal unity in public law and influences administration and legislation.
History and background
The Federal Administrative Court was established in 1953 and has played a central role in the administration of public law in Germany ever since. It serves as an appellate court for judgments of the higher administrative courts and administrative courts of the Länder.
Responsibility
The Federal Administrative Court has jurisdiction over legal disputes in the field of public law. These include administrative law, construction law, environmental law and asylum law. It shall not have jurisdiction over disputes falling within the jurisdiction of the Federal Constitutional Court, the Federal Labor Court, the Federal Fiscal Court, the Federal Supreme Court or the Federal Social Court.
Proceedings before the Federal Administrative Court
Revision
The appeal is the main proceedings before the BVerwG. It may be filed if a higher administrative court or administrative court has ruled in the first or second instance. The purpose of the appeal is to review the judgment for errors of law. The BVerwG examines whether the court has applied the law correctly.
Complaint
In addition to the appeal, there is also the possibility of appeal. This can be filed if the BVerwG has rejected the admission of the appeal. The appeal may be filed to challenge the decision of the BVerwG on the non-admission of the appeal.
Senate
The Federal Administrative Court is divided into senates, each of which has jurisdiction over specific types of administrative law cases. Each senate consists of several judges, including a chairman.
Meaning
The Federal Administrative Court plays a crucial role in the German legal system by ensuring legal certainty and legal uniformity in public law. Its decisions often have far-reaching effects on the administration and can also influence legislation.
Conclusion
The Federal Administrative Court is a central body of jurisdiction in administrative law cases in Germany. It contributes to legal certainty and ensures that public law is interpreted and applied uniformly. It is important for citizens, administrations and their legal advisors to know and understand the case law of the BVerwG. It ensures that the administration acts in accordance with the law and provides citizens with a legal recourse to challenge administrative decisions.
