Concept and significance of the jurisdiction of administrative authorities
Die Jurisdiction of administrative authorities is a central concept in German administrative law, signifying the legal empowerment of an administrative authority to perform certain sovereign tasks and to issue administrative acts. Jurisdiction is a prerequisite for the effectiveness of an official decision and protects both the operational capability of the administration and the rights of the affected citizens.
Types of jurisdiction
The jurisdiction of administrative authorities is divided into different types that determine which authority is responsible for a specific administrative activity. The most important subtypes are:
Objective jurisdiction
Die objective jurisdiction determines which tasks are assigned to an authority within the public administration system. It answers the question of which authority is legally entitled and obligated to fulfill a particular task.
Legal basis for objective jurisdiction
The objective jurisdiction is generally derived from special statutory provisions, general administrative laws, statutes, or ordinances. The assignment is often found in the relevant specialist law that is decisive for the affected administrative area.
Distinction from other authorities
Objective jurisdiction regulates the distribution of tasks among various authorities. If several authorities are basically competent, conflict-of-law rules, such as § 3 Administrative Procedure Act (VwVfG), regulate the distinction.
Local jurisdiction
Die local jurisdiction determines which spatially delineated administrative unit—for example, which city, municipality, or administrative office—is responsible for a particular matter.
Determination of local jurisdiction
Local jurisdiction is often linked to the place of residence, habitual abode, or the location of the object concerned. Relevant provisions can be found especially in § 3 VwVfG as well as in the respective state administrative procedure laws.
Hierarchical jurisdiction
Die hierarchical jurisdiction regulates at which level of administration a task is performed, i.e., whether the decision is made at the first instance, higher instance, or as an objection authority. It often relates to the administrative structure (e.g., municipal, state, or federal authorities).
Functional jurisdiction
In case of functional jurisdiction it is determined which organizational unit or office within an administrative authority is responsible. This refers, for example, to the decision-making competence between a department, section, or division.
Acquisition and loss of jurisdiction
Establishment of jurisdiction
Jurisdiction is established by statutory provision or, less often, by administrative act. Its effect commences at the moment the authority takes on the assigned task or when a corresponding circumstance (e.g., submission of an application) arises.
Termination and transfer of jurisdiction
Jurisdiction can be terminated or transferred due to a change in relevant circumstances or by transfer to another authority. This is particularly significant in cases of concentration or transfer of jurisdiction to higher administrative levels.
Consequences of defects in jurisdiction
The actions of an authority without jurisdiction can have serious legal consequences:
Legal consequences of lacking jurisdiction
According to § 44 VwVfG, an administrative act issued by an authority without jurisdiction is generally unlawful and, in individual cases, may even be void, especially if the lack of jurisdiction constitutes a particularly serious error.
Rectification and subsequent acquisition of jurisdiction
In certain circumstances, the law allows for the rectification of a defect in jurisdiction. According to § 45 VwVfG, lack of objective or local jurisdiction may be subsequently rectified if the competent authority approves the administrative act afterward.
Distinction from the legal basis for empowerment
Jurisdiction must be distinguished from the basis or authorization for intervention. While jurisdiction determines wer which authority acts, the basis of empowerment determines to what extent an administrative action is permissible.
Provisions on jurisdiction in the system of administrative law
Regulations under federal law
Jurisdictional provisions under federal law can be found, among others, in the Administrative Procedure Act (VwVfG) as well as in numerous special laws, such as the Federal Immission Control Act (BImSchG) or the Residence Act (AufenthG).
Regulations under state law
Jurisdictions are also regulated in the state administrative laws and state constitutions. In addition, there are state-specific administrative structures that may provide for particular forms of jurisdictional allocation.
Special forms of jurisdiction
Delegation and organ lending
Administration recognizes forms of delegation, such as the transfer of a task to another authority or so-called organ lending, whereby one authority performs tasks in the name of another. This is done on a statutory basis or by way of mutual administrative assistance.
Administrative assistance and organ representation
Within the scope of administrative assistance, another authority is provided with support without the full transfer of jurisdiction. Organ representation concerns cases where organs of different legal entities (e.g., federal government, states, municipalities) act on each other’s behalf.
Practical examples and areas of application
In ongoing administrative procedures, determining the competent authority forms the basis for any application, every administrative act, and any action by regulatory authorities. Typical practical examples include the responsibility of the regulatory office for business registrations, the building authority for building permits, or the local foreigners authority for immigration law matters.
Significance in judicial proceedings
Before the administrative courts, the question of jurisdiction is relevant both procedurally and substantively, as lawsuits are generally directed against the authority responsible for the decision, and the legal effectiveness of administrative acts regularly depends on the jurisdiction of the issuing authority.
Literature and further sources
- Administrative Procedure Act (VwVfG)
- Federal Law Gazette, relevant specialized statutes
- Commentary literature on administrative law
- Textbooks on general administrative law
This lexicon article provides a comprehensive and detailed overview of the concept of jurisdiction of administrative authorities and explains the various aspects that are of fundamental importance for administrative actions in German administrative law.
Frequently asked questions
When is an administrative authority competent for a particular matter?
The jurisdiction of an administrative authority is generally derived from the relevant legal provisions, in particular from general administrative law and, if applicable, from special statutes. A distinction is primarily made between objective, local, and hierarchical jurisdiction. Objective jurisdiction is determined by the authority’s respective area of responsibility, while local jurisdiction is linked to the geographic sphere of competence, such as the residence of an affected person or the location of the matter to be regulated. Hierarchical jurisdiction describes which level within the administrative hierarchy is active—e.g., the lower administrative authority, state agency, or the Federal Office of Administration. If several authorities are possible, the specific assignment is often regulated in the respective special laws (e.g., building code, immigration law) or in particular jurisdictional regulations. In addition, in cases of ambiguity, the principle of effective administration applies, so the decision can be made according to the purpose and intent of the rule.
How can lack of jurisdiction of an administrative authority be asserted?
If an authority is approached for a decision or measure for which it is not competent, the lack of jurisdiction can be objected to by means of a formal plea. In administrative proceedings, it is the authority’s own duty to examine its competence (§ 2 VwVfG – official investigation principle), nevertheless, in justified cases, an affected person can themselves assert lack of jurisdiction, for example by an appropriate note in the application or objection letter. This leads to a review by the authority, which may pass a formal reference decision and forward the procedure to the competent authority. An administrative act erroneously issued by an authority without jurisdiction is generally unlawful according to § 44 VwVfG, but may be remedied if the competent authority subsequently takes over the procedure (§ 45 para. 1 no. 2 VwVfG).
Who decides in the case of jurisdictional disputes between administrative authorities?
In disputes over jurisdiction between various administrative authorities, organizational or legal clarification mechanisms apply. The exact regulation depends on the relationship between the authorities involved (federal-state, state-state, or internal within an administrative hierarchy). Often, so-called supervisory authorities are involved, which issue directives regarding forwarding, reference, or conduct of the procedure. In special cases, there are steering bodies or even special instances for clarifying jurisdiction, such as the highest state authority or the Federal-State Committee. In rare cases, an interim administrative court procedure may decide the (provisional) clarification of jurisdiction.
What are the consequences of a decision or an administrative act by an authority lacking jurisdiction?
An administrative act issued by an authority without jurisdiction is fundamentally unlawful. This mainly concerns objective or hierarchical, and less often local, jurisdiction. Unlawful administrative acts are, according to general principles of administrative procedure (§ 44 VwVfG), either void or at least challengeable, whereby a subsequent remedy is permissible under certain conditions. If the administrative act is not void but merely unlawful, it can be set aside by objection or annulment action. However, if the lack of jurisdiction has particularly severe effects (for example, involving serious exceedance of powers), nullity is assumed. In certain cases, however, the so-called prohibition of reformatio in peius ensures that applicants are not put in a worse position by a defect in jurisdiction than they would have been by correct procedure.
How are the areas of jurisdiction of an administrative authority published or made known?
The jurisdictions of administrative authorities are mainly governed by statute, ordinance, or administrative instruction, and are often published in so-called administrative allocation plans or jurisdictional directories. These are usually accessible on official websites, or, for federal and state jurisdictions, can be verified via the respective administrative procedure law and specialist statutes. In addition, local administrations are required to make their jurisdictions publicly known, for example in citizen information systems or service portals. In case of changes in jurisdictions, appropriate official announcements and updates to internal distributions will be made.
Can jurisdictions be delegated or transferred between authorities?
Yes, jurisdictions may, within certain legal limits, be temporarily or permanently transferred to another authority by delegation, transfer, or assumption. This usually requires an explicit statutory basis (as in § 5 VwVfG, which governs general assignment of tasks) or an administrative act at a higher level. Delegation is common in supervisory directives, central case handling, or the establishment of special authorities. However, the transfer may not violate general legal principles or the principle of the lawful judge/lawful authority.
How are affected citizens informed about the competent authority in an individual case?
Affected citizens have the right to obtain information or advice from the competent authority in each case. This right derives from the principle of mutual administrative assistance and the social state principle. In practice, citizens’ offices, online portals, or central information centers inform citizens about which authority is responsible for which concern. In cases of incorrect filing of an application, the non-competent authority must by law inform the citizen about the correct authority and, if possible, forward the documents (§ 3 VwVfG – duty to forward). These participation and consultation duties serve to simplify administration and also comply with any legal guarantee of remedies.
