Federal Office for Family and Civil Society Functions
The Federal Office for Family and Civil Society Functions (BAFzA) is a German federal higher authority within the area of responsibility of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ). The institution plays a central role in the administration, implementation, and oversight of various federal programs and tasks relating to family, senior citizens, youth, equality, and civil society.
Legal Basis and Organizational Structure
Statutory Basis
The establishment of the Federal Office for Family and Civil Society Functions is based on several legal regulations. The central legal foundations include:
- Family Care Leave Act (FPfZG)
- Act to Promote Youth Voluntary Services (JFDG)
- Act for the Implementation of Child and Youth Welfare (SGB VIII)
- Domestic Economy Professions Act
- Federal Parental Benefit and Parental Leave Act (BEEG)
- Act to Promote Volunteering
Derived tasks and competences of the office are also governed by ministerial ordinances, administrative guidelines, and interdepartmental administrative agreements.
Position within the Federal Administration
The BAFzA is a federal higher authority with its own legal personality. It reports directly to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) and serves as the central implementing authority between the political directives of the ministerial level and the actual execution at the executive level. The main office is located in Cologne, with additional locations in various German cities.
Structure and Internal Organization
The Federal Office is divided into various specialist departments, each dealing with specific areas of responsibility including family support, volunteer services, care issues, senior citizens’ work, equality, and volunteering. The allocation of duties is based on the respective statutory tasks and program content.
Tasks and Responsibilities
Implementation of Federal Programs
The BAFzA is legally responsible for the operational implementation of a variety of federal programs, in particular:
- Voluntary Services: Administration and promotion of the Federal Voluntary Service as well as the Voluntary Social Year and the Voluntary Ecological Year. This includes checking the placement sites, approving grants for sponsors, and monitoring the implementation.
- Family Benefits: Handling of support benefits such as parental allowance, care leave, and family care leave.
- Funding programs for civic engagement: Administration of programs that promote civil society organizations, volunteer work projects, and the integration of migrants and minorities.
- Granting of Subsidies: Examination, approval, and monitoring of state funds for initiatives, sponsors, and organizations in accordance with §§ 23, 44 Federal Budget Code (BHO).
Supervision, Control, and Reporting
The BAFzA is responsible for the legal supervision and review of the appropriate use of funds by supported institutions and measures. This includes:
- Regular audits of use of funds
- Ensuring compliance with state-aid and budgetary law requirements
- Submission of reports to the BMFSFJ, the Federal Audit Office, and the German Bundestag
Granting and Revocation of Recognitions
The BAFzA decides, based on statutory and sub-statutory provisions, on:
- Recognition and revocation of sponsorship in the area of voluntary services
- Issuance of nationwide valid certificates, for example for volunteers and sponsor organizations
Consultation and Public Relations
In addition to handling financial and administrative measures, the Office informs the public, cooperating sponsors, state authorities, and partner institutions about legal innovations, program conditions, and administrative procedures. To this end, it operates service hotlines and digital platforms in line with the requirements regarding information duties, data protection, and accessibility in public administration.
Legal Status and Powers
Administrative Autonomy
The BAFzA has its own legally assigned administrative powers in the field of federal programs for families and civil society. The legal framework especially includes budgetary, subsidy, and administrative procedure law. Notices and administrative acts of the Federal Office are subject to judicial review within the scope of administrative jurisdiction.
Administrative Assistance and Cooperation
In accordance with §§ 4 et seq. Administrative Procedure Act, the Federal Office may render and receive administrative assistance to and from other federal and state authorities. It cooperates interinstitutionally with subordinate authorities, state and municipal institutions, as well as organizations of independent welfare.
Data Processing and Data Protection
The collection, processing, and use of personal data take place strictly in compliance with legal requirements, in particular the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). The BAFzA has comprehensive data protection concepts and control mechanisms in place to safeguard sensitive program data.
Legal Protection and Oversight
Internal and External Oversight
The activities of the BAFzA are subject to parliamentary oversight by the German Bundestag as well as audit by the Federal Audit Office. Internal audit units of the Office also monitor compliance with legal requirements, procedural rules, and budgetary principles.
Legal Remedies
Appeals may be lodged by aggrieved parties against administrative acts of the Federal Office for Family and Civil Society Functions, including objections and subsequent lawsuits before the competent administrative court. The administrative procedure is governed by the provisions of the Administrative Procedure Act (VwVfG) and the Code of Administrative Court Procedure (VwGO).
Importance and Role in the Federal Administration System
The BAFzA forms a key interface between the legislative and executive branches in the areas of family support, volunteering, and social participation. It exemplifies the constitutional mandate to ensure social security and social cohesion in accordance with §§ 1, 20, and 28 of the Basic Law. Its cross-program responsibility ensures efficient, legally supervised implementation of family and social policy measures at the federal level.
Weblinks and Further Legal Resources
- Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
- Federal Office for Family and Civil Society Functions (official website)
- Federal Budget Code
- Act on the Promotion of Youth Voluntary Services
- Family Care Leave Act
- Federal Parental Benefit and Parental Leave Act
- Administrative Procedure Act (VwVfG)
- Code of Administrative Court Procedure (VwGO)
See Also
- Federal Higher Authority
- Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
- Federal Voluntary Service
- Civil Society in Germany
Frequently Asked Questions
Which legal foundations regulate the functions and powers of the Federal Office for Family and Civil Society Functions?
The main legal bases for the functions and powers of the Federal Office for Family and Civil Society Functions (BAFzA) are primarily found in the Act Establishing a Federal Office for Family and Civil Society Functions (BAFzAG), the Social Code (in particular SGB VIII, SGB IX, and SGB XII), the Federal Parental Benefit and Parental Leave Act (BEEG), as well as various funding guidelines and ordinances, such as the Federal Voluntary Service Act (BFDG). The BAFzA is a federal higher authority under the aegis of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ), and performs its activities on the basis of these laws and regulations. Depending on the area of responsibility and project, the agency operates within the framework of budgetary provisions and the relevant administrative and enforcement procedures in accordance with the Administrative Procedure Act (VwVfG).
What tasks does the BAFzA fulfill from a legal perspective?
The BAFzA performs various legally defined tasks, ranging from implementing federal programs and support measures, such as in family support or child and youth welfare, to promoting civil society engagement. It is responsible nationwide for the administration and implementation of programs such as the Federal Voluntary Service or the Family Care Leave Act. The legal basis for this is provided by the aforementioned special laws and corresponding implementing regulations. Furthermore, the BAFzA is responsible for the proper administration of public funds within the framework of stipulated funding requirements and examines the lawful use of grants by recipients.
What administrative powers does the BAFzA have for the approval and control of funding?
As the responsible approval authority, the BAFzA has the legal power to review, approve, or reject applications for funding programs. Decisions are made in accordance with the relevant legal provisions, especially §§ 23, 44 BHO (Federal Budget Code) and specific funding guidelines. In addition, the Office is responsible for monitoring the proper use of funds by beneficiaries, including the examination of supporting documents, conducting on-site inspections, and, if necessary, reclaiming funds in the event of violations, based on the Administrative Procedure Act and the funding terms.
What are the procedures for objection and legal action against decisions of the BAFzA?
Decisions of the BAFzA as administrative acts, such as the rejection or approval of funding applications or the reclaiming of grants, can be contested by way of a formal objection. The basis for this is the Administrative Procedure Act and the Code of Administrative Court Procedure (VwGO). The objection must be submitted to the BAFzA in writing and within the time limit. If the objection is not remedied, an action may be brought before the competent administrative court. The procedure follows the general administrative law provisions.
What data protection requirements must the BAFzA observe?
Since the BAFzA often reviews or processes personal data, all related processes must comply with the European General Data Protection Regulation (GDPR) in conjunction with the Federal Data Protection Act (BDSG). This particularly includes the rights of data subjects to information, rectification, erasure, and objection, the necessity for legal grounds for any data processing, and ensuring data security and purpose limitation. Data protection impact assessments, appointment of a data protection officer, and informing affected individuals are legally mandatory duties for the Office.
What supervisory duties exist towards the BAFzA and how are these regulated by law?
In accordance with § 65 Federal Budget Code and other special legal provisions, the BAFzA is subject to the legal and technical supervision of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Supervision concerns the legality and appropriateness of the office’s management as well as compliance with budgetary, special legal, and administrative procedural requirements. In addition, there is the right of audit by the Federal Audit Office according to §§ 88 ff. BHO. Legal control is exercised through regular reports, audits, and, if necessary, supervisory instructions from the Ministry.
To what extent is the BAFzA liable for breaches of official duty?
For breaches of official duty, that is, damages unlawfully and culpably caused by the BAFzA in the performance of public tasks, the Federal Republic of Germany is generally liable according to § 839 BGB in conjunction with Art. 34 Basic Law. This means that personal liability on the part of the acting officials generally does not exist unless they act intentionally or with gross negligence outside their scope of duties. Injured parties can assert claims for damages in civil proceedings, whereby the prerequisites for a breach of official duty must be examined in detail in advance.
