Concept and legal framework of federal authorities
In Germany, federal authorities are organizational units of the federal government that perform public-law administrative duties within the scope of federal competences. They are part of the executive branch at the federal level and are subject to a variety of legal provisions that regulate their organization, tasks, responsibilities, and their position in the structure of the German state system. The legal basis for federal authorities can be found in particular in the Basic Law (Grundgesetz, GG), in specialized laws, and in organizational law regulations.
Definition and classification
Definition and differentiation
Federal authorities are administrative bodies of the federal government that exercise federal tasks based on the Basic Law or special legal provisions. Unlike state authorities, they are subject to federal, not state law. Typical of federal authorities is their leadership by federal ministries or an agency subordinate to the Federal Chancellery.
Types of federal authorities
Federal authorities can be divided into various categories:
- Supreme federal authorities: These include in particular the federal ministries, the Federal Chancellery, the Federal President, the Bundestag, the Bundesrat, the Federal Court of Auditors, and the Federal Constitutional Court. They stand at the top of the federal administration.
- Direct federal administration: Authorities that directly carry out federal tasks and are subject to the supervision of the supreme federal authorities.
- Indirect federal administration: Public law corporations, institutions, and foundations that fulfill federal tasks in their own legal form (e.g. Federal Employment Agency).
- Subordinate federal authorities: These are organizationally subordinated to the supreme federal authorities and carry out specialized operational tasks (e.g. Federal Police, Federal Criminal Police Office).
Legal bases
Constitutional foundations
Basic Law
The Basic Law determines the competence of federal authorities, especially in Articles 83 to 86 GG. Accordingly, the implementation of federal laws is generally the responsibility of the states, but the federal government may, by implementing laws, provide for its own authorities. Article 87 (3) GG authorizes the establishment of federal authorities for direct administration in certain areas.
Organizational sovereignty
Pursuant to Article 87 GG, the federal government has the right to set up authorities, insofar as this is necessary for the performance of its duties. The specific structuring is the responsibility of the federal legislator.
Ordinary statutes
In addition to the Basic Law, a multitude of federal statutes regulate the organization and responsibilities of the individual authorities, for example the Administrative Procedure Act (VwVfG), the Federal Data Protection Act (BDSG), the Budgetary Principles Act, or department-specific specialized laws (e.g. Customs Administration Act).
Statutory instrument and statute
Individual areas of responsibility or administrative procedures within federal authorities are often further specified by statutory instruments or internal service regulations.
Organization of federal authorities
Structure and hierarchy
The organization of federal authorities is generally arranged hierarchically. Supreme federal authorities assume steering and supervisory roles, while subordinate authorities carry out operational tasks. The respective areas of responsibility are determined according to the departments of the federal government.
Management and power to issue instructions
Supreme federal authorities are headed by federal ministers or commissioners of the federal government. The highest administrative supervision and authority to issue instructions within the department rests with the leadership of the respective authority.
Administrative substructure
The administrative substructure typically consists of middle and lower authorities, which are either focused on a specific technical area of responsibility or on a regional area of responsibility.
Tasks and responsibilities
Exercise of federal functions
Federal authorities are responsible for implementing federal legislation, execution, and for numerous regulatory, supervisory, and control tasks, for example:
- Internal security (Federal Police, Federal Criminal Police Office)
- Customs and tax administration (Federal Customs Administration)
- Labor and social affairs (Federal Employment Agency)
- Environment, consumer protection, and health (Federal Environment Agency, Federal Institute for Drugs and Medical Devices)
Implementation of administration
They act within the framework of the law and are bound by law and justice (Art. 20 para. 3 GG). The application of administrative law (e.g., issuance of administrative acts) is among their core tasks, as is the central management and administration of federal matters.
Supervision and subject-matter supervision
Supervision of subordinate federal authorities is usually the responsibility of the relevant federal ministry; this is exercised through technical and legal supervision.
Legal status and control
Obligation to adhere to law and statute
Federal authorities are bound to constitutional and statutory provisions at all administrative levels. Their activities are subject to review by the administrative courts (Art. 19 para. 4 GG).
Data protection and freedom of information
When processing personal data, the authorities are bound by the Federal Data Protection Act and the General Data Protection Regulation. Several federal authorities are also subject to the Freedom of Information Act, which grants citizens the right to access records.
Budgetary foundations
The financial resources of federal authorities are regulated through the federal budget. Budgetary provisions such as the Federal Budget Code ensure the proper use of resources.
Participation and cooperation
Federal cooperation
Federal authorities cooperate with state authorities, especially within the framework of federal executive administration, judicial, tax, and security matters. There are legally regulated procedural and competence rules for this purpose.
European and international relations
Some federal authorities are involved in the implementation of European law and are directly integrated into international cooperation structures.
Reforms and modernization
As part of reforms in public administration, areas of responsibility are continuously adapted. Organizational and legal changes regularly affect responsibilities, digital transformation, as well as the establishment or dissolution of federal authorities.
Overview of major federal authorities (examples)
- Federal Chancellery
- Federal Ministry of the Interior and for Community
- Federal Criminal Police Office (BKA)
- Federal Police
- Federal Customs Administration
- Federal Office for Migration and Refugees (BAMF)
- Federal Environment Agency (UBA)
- Federal Network Agency
References and legal sources
- Basic Law for the Federal Republic of Germany (GG)
- Administrative Procedure Act (VwVfG)
- Federal Budget Code (BHO)
- Federal Data Protection Act (BDSG)
- Federal Ministers Act (BMinG)
- Legal and administrative regulations of the individual federal authorities
Summary: Federal authorities are pillars of the federal administration in Germany and are subject to a complex legal framework. They assume key functions in fulfilling federal tasks, directly governed by the constitution, law, and an established administrative and judicial system. Their cooperation with state authorities as well as with European and international bodies highlights their central role in the democratic and federal administrative state.
Frequently asked questions
Which legal provisions regulate the responsibilities of federal authorities?
The responsibilities of federal authorities are essentially determined by the Basic Law (GG), especially Articles 83 et seq., which establish administrative competences between the federal government and the states. Consequently, the execution of federal laws is generally the responsibility of the states as their own affair (Art. 83 GG), whereas the federal government only has administrative authority in expressly stated cases (e.g. federal administrative authorities such as the Federal Criminal Police Office or the Federal Motor Transport Authority). Further legal provisions are found in specialized statutes such as the Federal Civil Servants Act (BBG), the Administrative Procedure Act (VwVfG), and in numerous specialist laws which precisely define the structure, tasks, and competences of individual authorities. These also determine the extent to which the right to issue instructions exists and how cooperation with state authorities is structured. The jurisdiction over actions and omissions of federal authorities is exercised by the administrative courts (according to the Code of Administrative Court Procedure, VwGO). Federal authorities are also bound by law and justice (Art. 20 para. 3 GG), which includes both organizational and substantive legal requirements.
How are the control and supervision of federal authorities regulated legally?
The control and supervision of federal authorities take place on several levels and are legally clearly regulated. Within the executive branch, federal authorities are subject to the technical and service supervision of the competent ministries according to departmental principles (Art. 65 GG). Technical supervision refers to the substantive and legal review of measures taken, while service supervision covers disciplinary aspects such as order, conduct, and organization. There are also external controls, for instance by the Federal Court of Auditors, which audits budgetary and economic management on the basis of the Federal Budget Code (BHO), as well as by Bundestag committees, which exercise parliamentary control. In addition, the Federal Constitutional Court can, upon application, review administrative acts of the federal authorities if constitutional issues are concerned (Art. 93 GG). Legal remedies against administrative actions are provided by the administrative court procedure under the Code of Administrative Court Procedure (VwGO).
What legal remedies are available against decisions of federal authorities?
Various legal remedies exist for affected citizens and legal entities against decisions of federal authorities, as stipulated in general administrative law and special statutes. Usually, an objection procedure (preliminary procedure) must first be completed under §§ 68 et seq. VwGO, unless excluded by the relevant specialized law. After an unsuccessful objection or if direct legal action is possible, an action for annulment or a mandatory action can be filed with the competent administrative court (§§ 42 et seq. VwGO). Certain statutes (such as the GVG or the FamFG) allow further legal remedies, such as appeal and revision. In special cases, such as infringements of fundamental rights, there is also the right to lodge a constitutional complaint with the Federal Constitutional Court (Art. 93 para. 1 no. 4a GG in conjunction with §§ 90 et seq. BVerfGG). Interim legal protection is provided for in §§ 80, 80a (suspensive effect), and § 123 VwGO (provisional measures).
What special features apply to official liability for federal authorities?
Official liability for sovereign acts of the federal authorities is governed by Art. 34 GG and § 839 BGB. As a rule, the Federal Republic of Germany is liable for damage caused by an official through a culpable unlawful act in the exercise of his or her official duties to a third party. Liability is not limited to individual misconduct but also covers systemic errors or misjudgments of the authority as an organ of public power. Claims are asserted in civil proceedings against the federal government, not against the individual official. Exceptions and special features, such as in cases equivalent to or involving expropriation, are governed by the specific rules of state liability law and relevant court decisions. In such cases, the administrative courts are generally not competent; instead, the civil courts are responsible.
How are federal authorities structured according to legal status, and how does this influence their tasks?
Federal authorities are divided according to their functions and the degree of subjection to directives into direct and indirect federal administration. Direct federal administration involves authorities directly assigned to the federal government (e.g. federal ministries, top federal agencies such as the Federal Office for Migration and Refugees), while indirect federal administration includes public law corporations, institutions, and foundations that are federally immediate but autonomous from the federal government itself (e.g. Federal Employment Agency). Legal classification significantly impacts autonomy, internal organization, and judicial review of decisions. Corporations, for example, are subject to the principle of self-administration but are still bound by federal law and are subject to legal supervision. This distinction is also reflected in the design of administrative procedures, in the awarding of public contracts, or in civil servant law.
What data protection obligations do federal authorities have?
Federal authorities are subject to strict data protection requirements, particularly set by the Federal Data Protection Act (BDSG) and additionally by the General Data Protection Regulation (GDPR). As public authorities of the federal government, they are obliged to process personal data only on a legal basis, for a defined purpose, and in compliance with the principles of data minimization, transparency, and integrity. It is mandatory to appoint a data protection officer within the authority (§ 5 BDSG). Compliance with data protection obligations is monitored by the Federal Commissioner for Data Protection and Freedom of Information (BfDI) as an independent monitoring body. In addition to information obligations to data subjects, technical and organizational measures must be taken to ensure data processing security. Violations can result in regulatory orders, fines, and civil claims for damages.
To what extent are federal authorities obliged to publish information?
The obligation for federal authorities to publish and make information accessible arises primarily from the Freedom of Information Act (IFG). According to § 1 IFG, everyone has the right to access official information from federal authorities, unless exceptions apply, such as for the protection of public interests, safeguarding personal data, or trade secrets. Furthermore, the Environmental Information Act (UIG) regulates specific transparency obligations for environmentally relevant information. Data protection regulations (e.g., Art. 15 GDPR, right of access) also play a role regarding publication obligations. Any refusal to provide information must be legally justified, and an appeal can be lodged with the administrative court against such refusal (§ 7 IFG). Additionally, federal authorities are required to regularly publish certain reports, statistics, or budget data, which are governed by specific laws.
