Concept and Function of Intermediate Authorities
Intermediate authorities are administrative bodies within the federal and state administrative hierarchy that serve as a link between the supreme or higher authorities and the subordinate lower authorities. They perform coordinating, supervisory, and controlling tasks and may also provide specialized services for the authority levels subordinate to them. Intermediate authorities are an integral part of the organization of German public administration at both the federal and state levels. In international comparison, similar structures exist, but the names, tasks, and responsibilities vary from country to country.
Historical Development of Intermediate Authorities
The development of intermediate authorities is closely connected to the emergence of the modern administrative state in Germany. The introduction of intermediate authorities in the 19th century primarily served to create uniform administrative structures and increase the efficiency of state administration. Classic examples are the Prussian government districts, established for the first time in 1815, which found numerous equivalents throughout the German federal territory.
With federal reforms and the restructuring of administration in postmodern societies, the responsibilities, structures, and significance of intermediate authorities have repeatedly been adjusted to meet changing requirements.
Structure and Position within the Administrative Organization
Administrative Levels
Typically, government administration in Germany is divided into the following levels:
- Supreme Federal or State Authorities (e.g., ministries)
- Higher Authorities
- Intermediate Authorities
- Lower Authorities (local authorities such as district offices, city administrations)
Intermediate authorities are thus generally classified as the middle level and are deployed at both the federal and state levels.
Areas of Responsibility
Intermediate authorities primarily perform the following tasks:
- Coordination of lower authorities (e.g., district offices, county administrations)
- Specialized Supervision of their administrative activities
- Implementation and Supervision of laws, ordinances, and administrative regulations
- Undertaking Special Tasks within the scope of specialized supervision, for instance in areas such as internal security, education, environment, or social affairs
- Advisory and Support Function for subordinate authorities
Typical Examples of Intermediate Authorities
At the Federal Level
Typical intermediate authorities at the federal level are the regional directorates of the Federal Employment Agency or the Regional Finance Directorates in financial administration.
At the State Level
At the state level, the Regierungspräsidien (e.g., Baden-Württemberg, Hesse), Bezirksregierungen (e.g., North Rhine-Westphalia), and in Bavaria, the Regierungen, represent the most significant intermediate authorities.
Legal Basis of Intermediate Authorities
Constitutional Embedding
The establishment, allocation of tasks, and organization of intermediate authorities is subject to the respective constitutional law of the states as well as the relevant federal laws. As a rule, administrative sovereignty largely lies with the states according to the division of powers in the Basic Law (Art. 83 to 84 GG). The structure of the authority system – including the creation of intermediate authorities – is determined by state law.
Right of Establishment and Organization
The organization and responsibilities of intermediate authorities are determined in the laws and ordinances of the federal states, for example in the state organization act or special administrative structure acts. These legal norms define the organizational structure, jurisdiction, geographic area, and areas of responsibility of each respective intermediate authority.
Example North Rhine-Westphalia
In North Rhine-Westphalia, the administrative structure act and specific individual laws determine the tasks and organization of the Bezirksregierungen as intermediate authorities.
Example Baden-Württemberg
The state administration act and other regulations govern the twelve Regierungspräsidien as intermediate authorities in the state.
Supervision and Authority to Issue Directives
Intermediate authorities are regularly subject to the specialized and administrative supervision of higher authorities (ministries). They have authority to issue instructions to subordinate administrative authorities within the framework of statutory regulations, particularly with regard to the implementation and enforcement of laws and legal ordinances.
Legal Protection and Oversight
The decisions of intermediate authorities can generally be challenged by objection (Widerspruch) or other legal remedies. Administrative legal protection is provided in accordance with the general principles of administrative procedure law, as regulated by the Administrative Court Rules (VwGO) and the Administrative Procedure Act (VwVfG).
Significance of Intermediate Authorities in Practice
Effectiveness and Administrative Control
Through the concentration of expertise and coordination, intermediate authorities serve in particular to relieve higher authorities and to efficiently manage large administrative units. Their work fosters uniform application of the law and contributes to the rule of law as well as administrative effectiveness.
Control and Steering Function
Intermediate authorities perform important steering functions by implementing and monitoring general and specialized directives issued by ministries, while also taking into account the concerns and specific circumstances of the regions.
Special Responsibilities
In certain areas, such as disaster control, school administration, healthcare, or environmental and nature protection, intermediate authorities assume delegated special tasks and act as contact partners for state and federal authorities, municipalities, and the general public.
Dissolution and Reforms of Intermediate Authorities
In recent decades, regional jurisdictions have been consolidated, intermediate authorities restructured, or sometimes completely abolished (e.g., in Mecklenburg-Western Pomerania) as part of administrative reforms. The aim of these measures has been and remains the modernization and increased efficiency of administration as well as the strengthening of the lower level’s self-responsibility.
Distinction from Other Administrative Units
Intermediate authorities are to be distinguished from:
- Higher Authorities (typically ministries)
- Lower Authorities (local administrative offices such as district offices)
- Independent Corporations Free from Instructions (such as municipalities), which act as self-governing bodies
The distinction is determined by the applicable administrative structure and allocation of responsibilities.
References for Further Reading
- Federal Ministry of the Interior and for Community: Handbook of Administration, current edition
- Drosdzol, Rudolf: Administrative Organization in Germany, 8th edition
- Götz, Hans: State Law and Administrative Organization, Commentary with Examples
Conclusion
Intermediate authorities are a central, indispensable element of the German administrative organization. They perform coordinating and supervisory tasks, ensure the implementation of laws, and foster both effective administrative control and the upholding of the rule of law. Their legal basis is shaped primarily by state law and nationwide administrative principles. Through reform processes, they are continually adapted to administrative, societal, and political demands.
Frequently Asked Questions
Which areas of responsibility typically fall within the remit of intermediate authorities?
Intermediate authorities occupy an intermediary position in the federal structure of Germany between the supreme state authorities (such as ministries) and lower authorities (e.g., district or county administrations). They are responsible for implementing and monitoring legal requirements within a particular sector, which usually covers a government region or a comparable administrative district. Their responsibilities include, in particular, specialized supervision of subordinate authorities, coordination of cross-departmental administrative tasks, handling objections against decisions by subordinate instances, issuing general orders, and participating in planning permission and approval procedures with wide-reaching effects. Additionally, intermediate authorities often act as an appeals instance and work closely with higher and lower authorities to ensure uniform administrative practice.
How is the legal and specialized supervision of intermediate authorities regulated?
Intermediate authorities are generally subject to legal and specialized supervision by a supreme state authority, usually the competent state ministry. Legal supervision ensures that intermediate authorities act in accordance with applicable law and existing administrative guidelines. Specialized supervision goes further, covering the control of whether the intermediate authority performs its respective tasks properly and appropriately. The competent ministry may issue instructions and monitor compliance with objectives as set out in ministerial decisions. Furthermore, the ministry is entitled to review and, if necessary, correct the content and processes of administrative procedures. Legal and specialized supervision serve to guarantee uniform and lawful administrative management.
Can intermediate authorities themselves enact ordinances or legal acts?
Intermediate authorities have regulatory powers only to the extent explicitly granted to them by law or ordinance. As a rule, their authority is limited to issuing administrative acts in individual cases or general orders to be implemented by subordinate offices. The enactment of abstract, general legal norms (ordinances) is permitted for intermediate authorities only in exceptional cases where there is an explicit legal basis, such as in police or regulatory law. As a principle, the power to establish norms is reserved for legislative bodies or supreme state authorities. Therefore, intermediate authorities are primarily limited to the application and enforcement of existing law.
What is the relationship between intermediate authorities and lower administrative authorities?
Within the framework of administrative law, intermediate authorities function as an instance between the highest and the lower authorities, which are subordinate to them in subject-matter. They assume a coordinating and supervisory position by, in particular, monitoring the implementation of legal and administrative regulations by lower authorities and, if necessary, providing guidance. Within the scope of specialized supervision, they may issue binding instructions to lower authorities to ensure uniform administrative practice. In contentious cases, such as when handling objections, intermediate authorities often act as the next higher instance. They also collect experience reports on the work of lower authorities and forward them to the political leadership levels. The cooperation is detailed in rules of procedure and administrative regulations.
In which cases do intermediate authorities act as an objection authority (Widerspruchsbehörde)?
The responsibility of intermediate authorities for objection procedures depends on the respective state laws and the specific organizational structure of the department. In general, the Administrative Procedure Act (VwVfG) provides that in pre-procedure (objection proceedings), the next higher authority must decide on an objection to an administrative act, unless a special body (such as a special legal remedies authority) has been appointed by law. Intermediate authorities therefore function as objection authorities in numerous administrative areas, such as in school or trade law. They review both the legality and expediency of the challenged administrative act. Their decisions can then be reviewed by an action for annulment at the administrative court.
Under what rules are the establishment and organization of intermediate authorities carried out?
The establishment, structure, and organization of intermediate authorities are regulated by the constitution of the respective federal state, relevant state laws, and administrative regulations. In some federal states, the intermediate level of administration is mandatory by law (such as through the creation of Regierungspräsidien, Bezirksregierungen, or Landesdirektionen); in others, it may be omitted or an alternative model may be chosen. The structure, allocation of tasks, management, and operation of intermediate authorities are usually detailed in administrative distribution plans, organizational charts, and schedules, whose legal basis derives from the respective state organizational laws and administrative regulations. Changes in organizational form are subject to special parliamentary approval processes and are often accompanied by comprehensive evaluations of administrative and cost structures.
What legal options exist for the control of intermediate authorities by courts or other institutions?
Intermediate authorities are subject to judicial review within the administrative court system. Both citizens and companies can seek judicial recourse against administrative acts issued by intermediate authorities. Judicial review covers the legality of decisions and, where legal provisions allow, also reviews for discretionary errors. In addition to judicial review, intermediate authorities are often subject to parliamentary control mechanisms (such as inquiries, petitions, or committees of inquiry), audits by courts of auditors, and occasionally to internal audit offices within the executive branch. These control mechanisms serve to ensure lawful administrative management and an efficient, law-abiding practice of administration.
