GERMANY Law and Practice Contributed by: Ivana Mikešić and Caroline Schümann-Cohen, R & P Legal
R&P Legal Berliner Straße 72 60311 Frankfurt am Main Germany
Tel: +49 693 487 5890 Fax: +49 693 4875 8999 Email: contact@randp-legal.com Web: www.randp-legal.com
1. Jurisdiction 1.1 General Rules or Specific Regimes? German public law has been trend-setting for the development of public law principles in the Continental European sphere in general. In the history of public law, concepts like individual public rights, rule-based execution of discretion or a complex system of differentiated types of public/administrative lawsuits have found their roots in an inspired exchange between predomi - nantly German, but also French, public law pio - neers around the late 19th to early 20th century. Thus, judicial review of public law decisions in Germany follows a delicately calibrated and highly developed system of general rules, which are, on the other hand, complemented by quite a number of very specific sets of rules following certain regulatory regimes and sectors. 1.2 Forum for Judicial Review Germany has a specialised branch of dedicated administrative courts where public/adminis - trative lawsuits can be lodged. Administrative courts have been established on local, regional and finally federal level. The German Federal Administrative Court constitutes the hallmark of a highly developed legal culture of the finest texture.
The term administrative jurisdiction is used to describe the power of the administrative courts to adjudicate in the field of administrative law. The administrative courts rule on public law dis - putes of a non-constitutional nature unless the law assigns the dispute to other courts. The judges of the administrative courts examine the legality of administrative action. They pass down their decisions independently and are bound by law and justice only. If citizens feel that their rights have been violated by a decision of an administrative authority affecting them, they can have it reviewed by the administrative courts. The administrative courts thus imple - ment the constitutional requirement of effective legal protection. Section 52 VwGO ( Verwaltungsgerichtsord- nung = Code of Administrative Court Procedure) regulates the local jurisdiction of the adminis - trative courts. Apart from some special jurisdic - tions, Section 52 no 5 VwGO stipulates that, in general, the administrative court in whose dis - trict the defendant has their seat, domicile or, in the absence thereof, residence, or had their last domicile or residence, has local jurisdiction.
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