Administrative Litigation Proceedings

Definition and classification of administrative court proceedings

Administrative court proceedings refer to the judicial process for reviewing sovereign measures and decisions of public administration by the administrative courts. They serve as a rule-of-law control over state actions and guarantee the protection of individual rights against public authorities. Administrative court proceedings are governed by the Administrative Court Procedure Code (VwGO) and constitute a central component of the German system of legal protection in public law.

Historical development of administrative court proceedings

Modern administrative court proceedings are the result of a long historical development. As early as the 19th century, initial forms of judicial review over administrative actions emerged, which were further developed in the German Empire and during the Weimar Republic. With the entry into force of the Administrative Court Procedure Code in 1960, administrative court proceedings were placed on a uniform, nationwide legal basis.

Fundamentals and objectives of administrative court proceedings

The purpose of administrative court proceedings is to resolve legal disputes between citizens and legal entities on the one hand and public-law administrative bodies on the other. In particular, it aims to:

• ensure effective legal protection,
• guarantee the legality of the administration,
• create legal certainty and protection of legitimate expectations between citizens and the administration.

The focus is particularly on safeguarding the subjective rights of the plaintiff.

Structure and course of administrative court proceedings

Sequence of instances

Administrative court proceedings are structured in three stages:

1. Administrative courts (first instance),
2. Higher administrative courts or administrative court senates (second instance),
3. Federal Administrative Court (third instance).

Types of proceedings

Within administrative court proceedings, the Administrative Court Procedure Code distinguishes between various types of actions, including:

• Action for annulment (Anfechtungsklage): Applies to judicial review of adverse administrative acts.
• Action to compel (Verpflichtungsklage): Seeks to oblige the authority to issue an administrative act that was refused or omitted.
• Declaratory action (Feststellungsklage): Serves to determine a legal relationship, where the plaintiff has a legitimate interest in such determination.
• Action for performance (Leistungsklage): Seeks to require the authority to do, tolerate, or refrain from a specific action.

Interim proceedings, especially for interim legal protection (§§ 80, 80a, 123 VwGO), are also provided for in administrative court proceedings.

Admissibility of administrative court proceedings

Procedural requirements

Various requirements must be satisfied for an action before the administrative courts to be admissible:

• Jurisdiction of the administrative courts: Check whether the dispute is of public-law nature and has not been assigned to another court.
• Capacity to be a party (Beteiligtenfähigkeit): Both plaintiff and defendant must be capable of being parties, e.g., natural or legal persons or authorities.
• Capacity to conduct proceedings: Ability to validly carry out procedural acts.
• Standing to sue: The plaintiff must be able to claim violation of his own rights (§ 42 (2) VwGO).
• Pre-proceedings (“objection procedure”): In certain cases, an administrative pre-procedure is required before filing an action.
• Observance of deadlines and form: Compliance with time limits for actions and prescribed form.

Special features according to type of action

The requirements for admissibility and merits vary depending on the type of action. In particular, lower requirements apply to interim relief.

Course of administrative court proceedings

Initiation and pre-proceedings

Administrative court proceedings usually begin with an administrative pre-procedure (objection procedure), provided this is required by law. Afterward, the action is filed with the administratively and locally competent administrative court.

Oral and written hearings

After service of the statement of claim upon the defendant and receipt of the defense, the court investigates the factual and legal situation. This is done by judicial instructions, hearing the parties, and, if necessary, taking evidence. This is followed by the oral hearing, which, as the central phase of the proceedings, provides the parties an opportunity for comprehensive statements.

Judgment and appeals

The court decides the case by judgment, or in certain cases, by a court order. An appeal against the judgment of the first instance may be lodged with the Higher Administrative Court, provided the requirements of § 124 VwGO are met. Appeals against judgments of the Higher Administrative Courts in turn may be made to the Federal Administrative Court if the case is of fundamental importance or there is divergence.

Principles of administrative court proceedings

Administrative court proceedings comply with central rule-of-law principles:

• Principle of ex officio investigation (§ 86 VwGO): The court investigates the facts of the case ex officio.
• Principle of orality: The basis of the decision is generally the oral hearing.
• Principle of party disposition: The parties determine the subject matter of the dispute and may conclude the proceedings by settlement, withdrawal, or agreement.
• Principle of publicity: Hearings are generally public.

Costs and allocation of costs

The costs of administrative court proceedings are governed by the Court Fees Act (GKG) and the Lawyers’ Remuneration Act (RVG). In principle, the losing party bears the costs of the proceedings; the court determines the allocation of costs by a ruling on costs in the judgment.

Special types of proceedings and legal remedies

Interim proceedings

If it is unreasonable to wait for a decision in the main proceedings, an application for interim relief may be filed by way of interim proceedings. This applies in particular to cases where an enforceable administrative act has immediate legal effect and may cause significant disadvantages.

Remedies

In administrative procedural law, in addition to the legal remedies mentioned, various legal remedies are distinguished, including:

• Appeal
• Revision (appeal on points of law)
• Complaint against interim decisions
• Non-admission complaint

These remedies are subject to different requirements.

Significance and function of administrative court proceedings in the legal system

Administrative court proceedings fulfill an essential function in a democratic constitutional state. They ensure effective legal protection against administrative acts, contribute to the development of public law, and serve to monitor the administration as well as safeguard fundamental rights.

Literature and further references

• Administrative Court Procedure Code (VwGO)
• Law on the recovery of costs in proceedings before administrative courts (GKG)
• Federal Administrative Court (www.bverwg.de)
• Commentaries on the Administrative Court Procedure Code

Summary

Administrative court proceedings are the central instrument for review and control of administrative decisions by independent courts. They guarantee effective legal protection, promote the legality of administration, and strengthen trust in the rule of law. Through differentiated types of actions and proceedings, administrative court proceedings offer a comprehensive framework for judicial resolution of public-law disputes.

Frequently asked questions

How does the administrative pre-procedure (objection procedure) work in administrative court proceedings?

The administrative pre-procedure, often called the objection procedure, is generally a prerequisite for filing an administrative court action (§ 68 et seq. VwGO). It serves to give the authority an opportunity to review its own decision and rectify possible errors before court proceedings. In the objection procedure, the affected party must, within one month of notification of an adverse administrative act, lodge an objection with the issuing authority or the objection authority. The authority then examines both the legality and the expediency of its decision, taking into account any new facts. The procedure concludes with the issuance of a notice of objection, against which administrative court proceedings may then be initiated. The objection procedure is mandatory in many, but not all, cases, as there are statutory exceptions (e.g., with certain tax notices or in civil service law).

What types of actions are available in administrative court proceedings?

In administrative court proceedings, administrative procedural law distinguishes different types of actions, depending on the plaintiff’s objective. The main types are the action for annulment (§ 42 para. 1, 1st alt. VwGO) for setting aside an adverse administrative act, the action to compel (§ 42 para. 1, 2nd alt. VwGO) to compel the authority to act when an act was refused or omitted, and the general action for performance (§ 43 para. 2 VwGO), aimed at demanding a different performance. Additionally, there is the action for declaration (§ 43 VwGO) for determining the existence or non-existence of a legal relationship or the nullity of an administrative act, as well as special forms, such as the norm control action (§ 47 VwGO) for reviewing statutes and ordinances. The choice of action type is crucial for the admissibility of the action.

What deadlines must be observed in administrative court proceedings?

Time limits are central to administrative court proceedings, especially for the filing of an action. For the action for annulment and the action to compel, the action must be filed within one month after service of the notice of objection or notification of the rejecting decision (§ 74 VwGO). If no pre-procedure is carried out, the time limit begins with notification of the administrative act. In certain cases, such as continuous administrative acts or the authority’s inactivity, special time limits under §§ 75, 58 VwGO apply. Missing a deadline generally renders the action inadmissible, although reinstatement under strict conditions is possible (§ 60 VwGO). In the pre-procedural stage, deadlines for filing and reasoning an objection must also be observed.

When is an application for interim relief permissible in administrative court proceedings?

An application for interim relief—usually in the form of a temporary injunction (§ 123 VwGO) or suspension of execution (§ 80 para. 5 VwGO)—is permissible if the applicant presents credible grounds showing that, without an urgent court decision, essential disadvantages may arise, or there is a particular interest in provisionally securing or regulating a legal position. The prerequisite is that main proceedings are possible or already pending with sufficient prospect of success. Courts review the existence of a claim (material grounds) and the necessity (urgency). In interim relief proceedings, only provisional—not final—decisions on the legality of the administrative act are made, in order to prevent irreparable disadvantages.

What is the role of the parties in administrative court proceedings?

The parties to administrative court proceedings are the plaintiff (private individuals, legal entities under private law or, in rare cases, public law, who feel aggrieved by an administrative act) and the defendant (usually the corporation whose authority issued the contested administrative act). In certain cases, third parties (§ 65 VwGO) may participate if their legal interests are affected. The parties have extensive procedural rights: They may file motions, introduce evidence, request inspection of files, be represented, and lodge appeals. Proper participation is a prerequisite for the court’s substantive decision and for the right to be heard.

What is the significance of the oral hearing in administrative court proceedings?

The oral hearing is generally standard and a central part of judicial decision-making in administrative proceedings (§ 101 VwGO). During the oral hearing, parties present the factual and legal aspects of the case, and the court gives a preliminary assessment. The hearing enables discussion of all facts relevant to the decision, questioning of witnesses and experts, as well as final statements by the parties. Under limited legal conditions, proceedings can be decided in writing if all parties agree. Failing to hold an oral hearing is generally a substantial procedural error and can be challenged by appeal or revision.

What legal remedies are available against final decisions in administrative court proceedings?

Judgments of administrative courts can generally be appealed (§ 124 et seq. VwGO), the admissibility of which often depends on the amount in dispute or admission by the court. Decisions on appeal may under certain conditions be reviewed in a revision before the Federal Administrative Court (§ 132 et seq. VwGO). In addition to these classical remedies, there are complaint proceedings, for example against decisions on interim relief. A successful legal remedy leads to a review of the judgment for substantive and/or procedural errors. In the course of higher instance proceedings, new facts may be established and the subject matter re-assessed. Depending on the outcome, judgments can be affirmed, changed, set aside, or remitted to the lower court for a new hearing.