Definition and fundamentals of administrative rehabilitation (GDR)
Die administrative rehabilitation (GDR) refers to a legal procedure aimed at redressing administrative acts that were wrongfully issued against individuals or organizations during the period of the German Democratic Republic (GDR) and in the Soviet occupation zone up to 1990. The goal is to legally rehabilitate persons who suffered significant personal disadvantages as a result of actions contrary to the system in the context of administrative decisions or measures, and to grant claims for social compensation benefits if necessary.
Legal background and development
Historical development
After German reunification in 1990, a comprehensive legal framework was established to address and remedy injustices committed in the GDR. In addition to criminal law and professional rehabilitation regulations, the Administrative Rehabilitation Act (VwRehaG) introduced, for the first time, a bill enabling the annulment of unlawful administrative decisions and providing support to the affected parties.
Legal basis: The Administrative Rehabilitation Act (VwRehaG)
Das Administrative Rehabilitation Act (VwRehaG) regulates the prerequisites and procedure for the annulment of unlawful administrative acts issued in violation of human rights or for political reasons between 1945 and 1990. The aim is the elimination of continuing legal disadvantagesthat resulted from these administrative decisions.
Scope of application of the VwRehaG
The VwRehaG applies to:
- Administrative acts and other measures issued by authorities of the GDR or the Soviet Occupation Zone for political reasons
- Expropriations, interference with property, assets, or professional and economic livelihoods
- Measures of a non-criminal nature (especially those not subject to criminal or professional rehabilitation)
Distinction from other forms of rehabilitation
Administrative rehabilitation differs from:
- Criminal rehabilitation: Here, unlawful criminal judgments are annulled.
- Professional rehabilitation: This concerns discrimination or professional bans for political reasons.
Administrative rehabilitation supplements these provisions and specifically applies to economic and social measures.
Requirements for administrative rehabilitation
Basic requirements
Rehabilitation under the VwRehaG may be considered if:
- Administrative decisions or measures were taken for political reasons,
- these measures led to significant disadvantages (e.g. deprivation of property, restriction of professional activity, forced resettlement),
- no other rehabilitation (criminal or professional) applies, and
- the measure, according to today’s rule-of-law principles, is to be regarded as manifestly seriously unconstitutional (e.g. violation of personal rights, property guarantee, principle of equality).
Typical administrative measures in the GDR
Typical measures that may result in administrative rehabilitation include:
- Expropriation of assets without compensation
- Confiscation of land in the context of land reforms
- Revocation of professional licenses without legal grounds
- Forced resettlements (so-called forced relocations)
- Unlawful removal of children or institutionalization
Procedure of administrative rehabilitation
Application
The procedure requires an application by the affected person or their legal successors to the competent rehabilitation authority. The application must set out the affected measures and their effects.
Decision-making
The authority examines whether the requirements for administrative rehabilitation are met. As part of an individual case assessment, the motives and circumstances of the decisions at that time as well as their effects are evaluated, taking into account the political motivation.
Legal consequences and effects
Annulment of the measures
If the decision is in favor of the applicant, the original administrative measure is annulled and/or its legal effects are declared null and void.
Consequential rights and compensation benefits
Rehabilitation under certain conditions gives rise to claims for:
- Social compensation benefits according to § 7 et seq. VwRehaG (e.g., pension substitute or compensation for health damage, social compensation)
- Special welfare measures, such as restoration of confiscated property, unless there are overriding property law provisions
- Restoration of previous rights as well as correction of official documents
Legal remedies
The decision of the rehabilitation authority can be challenged by objection and subsequent action before the administrative courts.
Special features and distinctions
Temporal applicability
The VwRehaG is limited to administrative acts and measures implemented between May 8, 1945 and October 2, 1990 (including the GDR period).
Priority and subsidiarity
Specific regulations from other rehabilitation laws (e.g., criminal or professional rehabilitation) and property law provisions take precedence, provided that they apply.
No general reversal
Administrative rehabilitation does not necessarily mean a complete repeal of the measures taken at the time, but aims to achieve legal justice within the framework of today’s legal order. Material restitution is partially excluded and subject to specific compensation regulations.
Role of administrative rehabilitation in coming to terms with the past
Administrative rehabilitation contributes to addressing the systemic administrative injustice in the GDR and strengthens confidence in the rule of law in dealing with historical wrongdoings. It ensures that those affected receive appropriate compensation and social recognition for the injustices suffered. Its ongoing application, development in case law, and adaptation to new historical findings provide for a dynamic development of this legal area.
Literature, case law, and further regulations
- Act on the administrative rehabilitation of victims of unconstitutional administrative measures in the accession territory (VwRehaG), Federal Law Gazette I 1994, pp. 2094 ff.
- Federal Constitutional Court, Decision of April 8, 1997, Ref. 1 BvR 48/94
- Federal Administrative Court, Judgment of May 20, 2004, Ref. 3 C 2.04
- Commentary: Ramsauer/Stüer, Administrative Rehabilitation Laws, 2nd edition
Note: The term Administrative rehabilitation (GDR) is closely connected to the German legal history of the post-reunification period and is of central importance for redressing injustice in state administrative actions of the GDR. For further information, it is recommended to consult the relevant legal texts and pertinent commentaries.
Frequently asked questions
What requirements must be met for an application for administrative rehabilitation under the Administrative Rehabilitation Act (VwRehaG)?
Several statutory requirements must be fulfilled for an application for administrative rehabilitation under the VwRehaG. First, there must be a measure by a German administrative authority under the SED dictatorship (October 7, 1949 to October 2, 1990) that resulted in unconstitutional disadvantage or discrimination for the affected person. This includes, for example, forced relocations, political persecution, wrongful deprivation of professional practice, or denial of university access for political reasons. The measure must be unconstitutional and specifically aimed at political beliefs, faith, origin, or membership in certain groups. The application may be filed by the affected person as well as by heirs or relatives if the affected person is deceased, for which special proof requirements apply. In addition, no grounds for exclusion, such as criminal acts by the applicant in connection with the measure, may exist. The application must be submitted to the competent rehabilitation authority, usually the district administrator or mayor.
What are the legal consequences of a finding of an unconstitutional administrative measure under the VwRehaG?
If a measure is found to be unconstitutional and the application for rehabilitation is granted, various legal consequences arise. The measure is declared unlawful for the past, which is a prerequisite for further claims. The affected persons are entitled to the annulment of remaining administrative acts, such as the return of withdrawn licenses, authorizations or entries. The finding also gives rise to claims for social compensation benefits under the Professional Rehabilitation Act (BerRehaG), such as pension payments, compensation payments, or – in the case of time-barred damages claims – discretionary payments for proven health damage. Furthermore, it may serve as a basis for further compensation or restitution claims under the Property Act (VermG). Thus, a rehabilitation notice has not only declaratory, but often also property law and social law implications.
Are there deadlines to be observed when applying for administrative rehabilitation?
In principle, there is no general exclusion period for applying for administrative rehabilitation. The Administrative Rehabilitation Act provides that applications may be submitted at any time. However, exceptions exist for potential further claims, such as compensation benefits or damages, where exclusion or limitation periods may apply (e.g., under the Professional Rehabilitation Act or the Property Act). For this reason, it is strongly recommended to submit rehabilitation applications promptly to avoid losing subsequent claims. For measures that were prosecuted as criminal offenses under GDR law, there is likewise no deadline for rehabilitation itself; however, some claims resulting from these measures may be time-barred.
What documents are required for an application for administrative rehabilitation?
A complete application for administrative rehabilitation should contain all relevant information and evidence regarding the measure. This includes: a precise description of the facts, ideally specifying time, place, and involved authorities; a presentation of the concrete effects (e.g., loss of job, resettlement, prohibition to study); as well as any available documents such as decisions, certificates, testimonials, correspondence with authorities, or reports by witnesses. For subsequent applications filed by heirs or relatives, inheritance certificates, death certificates, and, if applicable, powers of attorney must also be included. It may also be helpful to attach research findings or file excerpts, for example from the Federal Archives. The rehabilitation authority is required to conduct its own investigations if necessary, but a well-documented application increases the chances of success and speeds up the procedure.
Can legal remedies be taken against the decision of the rehabilitation authority?
Yes, legal remedies are available against decisions of the rehabilitation authorities. If an application for administrative rehabilitation is rejected or not granted in full, the affected person can file an objection within one month of receiving the rejection. If this fails, it is possible to file an action with the competent administrative court within one month of notification of the objection decision. The procedure is governed by the Code of Administrative Court Procedure (VwGO). The courts review both the factual findings and the legal assessment by the authority. Supporting evidence and the involvement of lawyers are expressly permitted and often advisable to improve the chances of success.
Are there any special procedural principles to be observed in rehabilitation proceedings?
Rehabilitation proceedings are subject to the general principles of administrative procedure law, in particular the principle of investigation (§ 24 VwVfG), which means that the authority is obligated to ascertain the facts ex officio. Formally, the principle of official investigation applies, so that subsequent evidence or reports from witnesses may also be considered. The procedure is generally free of charge, except for costs arising from incorrect information or late withdrawals. The rehabilitation authority is obliged to hear the affected parties and, if necessary, their representatives and to grant them access to the case file. The protection of personal data and a particularly careful handling of personal information are prescribed by law.
What is the significance of administrative rehabilitation compared to criminal rehabilitation?
Administrative rehabilitation must be strictly distinguished from criminal rehabilitation. While criminal rehabilitation under the Criminal Rehabilitation Act (StrRehaG) annuls politically motivated criminal judgments, administrative rehabilitation concerns administrative measures (for example, intervention in profession, property, or housing). Both laws can be applied independently, for instance if a measure involved both a court judgement and an accompanying administrative act. However, the legal consequences are different: Criminal rehabilitation regularly leads to the unlawfulness of the conviction, while administrative rehabilitation leads to the unlawfulness of the administrative act. In practice, it is often advisable to consider both application routes in parallel.
