Definition and Legal Significance of the Party
The term ‘Beteiligter’ (party/involved person) is a central legal concept in German law and plays an important role in various branches of law. It generally refers to a person or organization that is directly or indirectly affected by a procedure, administrative act, or a specific legal transaction. The precise definition, scope of involvement, and the associated rights and obligations vary depending on the field of law.
General Definition and Distinction
In the legal context, the term ‘Beteiligter’ includes all natural or legal persons who are involved in the progress or outcome of an administrative, court, or other procedure, or whose legal interests are affected by the procedure. One of the main differences is with the term ‘Partei’ (party), which usually holds a narrower procedural role with specifically regulated procedural rights and obligations.
Party in Administrative Law
Definition under Section 13 VwVfG
In administrative law, the term ‘Beteiligter’ is particularly established in Section 13 of the Administrative Procedure Act (VwVfG). According to Section 13(1) VwVfG, the following are Parties (Beteiligte):
- Applicants and respondents,
- Recipients of an administrative act,
- Persons to whom the procedure is otherwise addressed, or whose rights or obligations may be affected by the procedure,
- and other persons included by statutory provision.
Legal Position and Procedural Rights
Parties in administrative proceedings are generally entitled to be heard, to inspect documents, and to obtain information about the status of the procedure. They may make statements, submit applications, and, if they are aggrieved, lodge legal remedies against administrative acts.
Difference from ‘Party’
In administrative procedural law (e.g., Administrative Court Procedures Act), a distinction is made between ‘Beteiligte’ (involved persons) and ‘Parteien’ (parties). While all parties are involved persons, not every involved person is a party. Party status may convey further procedural rights.
Party in Criminal Procedure Law
Provisions under Section 264 StPO
In criminal procedure law, the term ‘Beteiligter’ refers to all persons involved in the criminal proceedings, including defendants, witnesses, private parties, victims, persons with secondary participation, or confiscation participants.
Victims and Third Parties
The victim of a criminal offense may, as a private party or witness, be an involved person with their own procedural rights. Other involved persons are those whose assets are to be seized or confiscated (confiscation participants under Section 433 StPO).
Party in Preliminary Proceedings
Even in the preliminary proceedings, those affected by measures such as searches or seizures are regarded as parties, with special rights of protection and participation.
Party in Civil Procedure Law
In civil procedure law, the term ‘party’ is often used, but third parties, such as intervenors (§§ 66 ff. ZPO) or accessory intervenors, may also be parties in a broader sense.
Joinder of Actions and Third-Party Intervention
The intervenor receives certain rights of participation in the process through a formal joinder of actions, without becoming a direct party. Witnesses are also considered involved, although their rights and duties primarily relate to contributing to the ascertainment of the truth.
Party in Social Law
In social administrative law, the term ‘Beteiligter’ is regulated in Book Ten of the Social Code (SGB X). Here, applicants, recipients of social benefits, public authorities, and third parties whose legal interests may be affected are regarded as parties.
Rights and Obligations
Parties in social administrative proceedings have rights of access to files, the right to be heard, and are obliged to participate in clarifying the facts. They may seek legal recourse against adverse administrative acts and assert their interests through objection and court proceedings (social jurisdiction).
Further Aspects Across Legal Fields
Distinction from Other Roles in the Procedure
Parties must be distinguished from mere ‘affected persons’ or ‘witnesses’: While an affected person can be a party, not every party is necessarily always a victim or an addressee of a measure.
Procedural and Non-Procedural Involvement
Party status may arise not only in the context of judicial or official proceedings, but also in administrative and civil disputes without court involvement, for example in the course of a settlement, mediation, or conciliation.
Rights and Obligations of Parties
Procedural Rights
- Right to be heard
- Right to inspect files
- Right to submit applications for evidence
- Participation in oral hearings
- Right to make statements and applications
Procedural Duties
- Duty to participate in clarifying the facts
- Duty to tell the truth and to disclose facts
- Compliance with legal and judicial orders
Significance in International and European Law
Comparable definitions are also found in international and European procedural law, such as the concept of the ‘interested party’ in European administrative procedures. The rights and safeguards of parties are regularly subject to Union law requirements, e.g. with respect to the right to be heard (Art. 41 EU Charter of Fundamental Rights).
Summary
The status as a party is of fundamental significance in many procedural codes of German and European law. The specific design, definition, and associated rights and obligations depend essentially on the respective legal field and the course of the procedure. Parties always hold certain procedural and substantive legal positions and enjoy a wide range of protective and participatory rights in the interest of ensuring effective legal protection.
Frequently Asked Questions
Who can act as a party in the legal sense?
In legal terms, the concept of ‘Beteiligter’ is used for persons or legal entities who are affected in their own rights by a specific procedure, administrative act, or legal dispute. It does not matter whether these are natural persons (such as individuals), legal entities (e.g., GmbH, association), or legal partnerships (such as OHG or KG). Authorities, corporations, or other institutions can also be parties if they are directly affected in their rights by an official decision. Party status is independent of any participation as a ‘Partei’ in the proceedings, as third parties, accessory participants, or so-called ‘Beigeladene’ (necessarily joined parties) may also be considered parties under certain conditions. What is decisive is always the individual or collective legal relationship to the subject matter of the procedure, and even indirectly affected parties, such as creditors in insolvency proceedings, may obtain party status.
What rights and obligations do parties have in court proceedings?
Parties to judicial or administrative proceedings have a number of procedural and substantive rights as well as obligations. The most important rights include the right to be heard pursuant to Article 103 of the Basic Law, the right to inspect files, the right to submit applications and statements, as well as the right to lodge appeals (such as appeals or revisions). There is often also a right to be informed and kept up to date on the progress and decisions in the proceedings. Obligations include, among others, the duty to tell the truth, cooperate, and provide information to the extent required by procedural law, and – in civil proceedings – the duty to bear the costs and fees of the proceedings. If these obligations are violated, sanctions such as fines, coercive fines, or even a decision adverse to the party may be imposed.
How does a party differ from a witness?
A key difference between parties and witnesses is their respective procedural interests and their involvement in the outcome of the proceedings. Parties pursue their own factual or legal interests in the outcome of the case and are therefore actively involved, for example as claimant, defendant, accused, or accessory participant. Witnesses, on the other hand, are individuals who are not themselves affected in their legal positions by the proceedings, but who contribute to clarifying the facts because they have knowledge of disputed facts. While witnesses are obliged to tell the truth and cannot assert their own rights, parties have procedural rights, such as the right to defense, to make statements, or to lodge appeals.
What role do parties play in administrative procedures under the Administrative Procedure Act (VwVfG)?
In administrative proceedings, party status under Section 13 VwVfG is of central importance, as it is a prerequisite for exercising specific procedural rights. Parties are in particular applicants, recipients of an administrative act, and those whose legal interests are affected by the outcome of the decision. They are entitled to inspect files, can make applications and raise objections. In significant administrative procedures, such as plan approval or building permits, parties must be given the opportunity to be heard in good time. Furthermore, an objection against an adverse administrative act can generally only be lodged by a party, meaning the definition of party status has a direct impact on access to legal protection.
Can party status be lost or acquired during ongoing proceedings?
Party status is dynamic and may change in the course of a procedure. A party may lose its status, for example, by losing legal interest in the subject matter or due to the entry of another party, or transfer it to third parties (e.g., through legal succession). At the same time, a person or legal entity may join as a party at a later stage, for instance by filing a suit, being joined to the case, or by statutory provisions as part of inheritance or business succession. A current legal interest or direct normative connection to the subject matter of the proceedings is always required for party status.
In which proceedings is party structure particularly relevant?
The issue of party structure is particularly important in complex proceedings with multiple parties, such as administrative proceedings, insolvency proceedings, administrative plan approval processes (e.g., infrastructure projects), and collective redress proceedings (class actions, model declaratory actions). It is crucial to clearly define each party and their respective rights and obligations to ensure procedural rights and proper service as well as effective case management. Precise determination of party status is also important for calculating deadlines, allocating the burden of costs, and ensuring the right to be heard.
Do parties have a right to be heard and to legal representation?
Parties are always entitled under German law to a right to be heard, meaning they must be given the opportunity to comment on the subject of the proceedings, submit evidence, and raise objections (§ 108 VwGO; Art. 6 ECHR). The possibility to be represented by a lawyer is generally available in all procedures, although representation by an attorney is mandatory only in higher instances or certain jurisdictions. Legal representation not only serves to provide qualified protection of legal interests, but can also help to expedite proceedings and clarify complex legal or factual issues.
