Concept and Definition of State Administration
Die State Administration refers to the part of public administration that is carried out directly by organs and authorities of the state. It includes all measures, institutions, and activities undertaken by the state through its organs to fulfill public tasks. While administrative activities in general can also be performed by municipalities or other self-governing bodies, state administration must be distinguished from these autonomous areas.
In legal science, state administration is defined particularly by constitutional and administrative law. It is characterized by sovereign action based on statutory authorizations or general tasks within the framework of public interest.
Legal Basis of State Administration
Constitutional Foundations
State administration is primarily based on the constitution of a state. In Germany, this is the Basic Law (Grundgesetz, GG), which establishes the principle of separation of powers in Art. 20 para. 2 GG. According to Art. 20 para. 3 GG, the administration is bound by law and justice (principle of lawfulness of administration).
Art. 83 GG regulates the execution of federal laws by the federal states as their own matters or on behalf of the Federation (federal delegated administration), resulting in different forms of state administration:
- Federal Administration
- State Administration by the Länder
- Federal Delegated Administration
Ordinary Laws and Administrative Regulations
In addition to constitutional requirements, numerous ordinary laws—such as administrative procedure laws and special laws for individual areas of administration—further specify the design and organization of state administration. Ordinances and administrative regulations serve to guide daily administrative practice.
Types of State Administration
Direct and Indirect State Administration
State administration can be carried out as direct or indirect state administration :
- Direct State Administration: State administrative tasks are performed by authorities and offices of the state that are, both organizationally and legally, part of the state (e.g., federal ministries, state authorities).
- Indirect State Administration: Tasks are performed by separate legal entities under public law, which, however, are subject to state supervision, for example, through corporations, institutions, or foundations under public law.
Distinction According to Actors
Within state administration, various actors operate, such as:
- Executive organs (ministries, state offices, federal offices)
- Independent federal and state authorities
- Entrusted Persons: Private or other legal entities entrusted with sovereign powers (e.g., TÜV for vehicle inspection)
Tasks and Functions of State Administration
State administration fulfills various tasks:
- Public safety and order (e.g., police, public order offices)
- Service administration (e.g., social administration, health sector)
- Planning administration (e.g., urban land-use planning)
- Tax administration
- Regulation and supervision (e.g., oversight, market supervision, environmental control)
These tasks are carried out in particular by the issuance of administrative acts, the conclusion of public-law contracts, or the implementation of purely sovereign actions.
Organization and Structure of State Administration
Hierarchical Administrative Structure
State administration is organized in a hierarchical structure:
- Supreme federal or state authorities (ministries)
- Higher and intermediate administrative authorities (e.g., regional governments)
- Lower administrative authorities (e.g., district offices, public order offices)
- Special authorities (e.g., Federal Employment Agency)
Authority to Issue Instructions and Professional Supervision
The state hierarchy is characterized by a system of instructions and supervision. Subordinate authorities are generally subject to the legal and professional supervision of higher-level instances. The authority to issue instructions can be restricted within the framework of indirect state administration.
State Administration in Relation to Other Administrative Carriers
Distinction from Municipal Self-Government
Municipal or local self-government, exercised by municipalities and districts, differs from state administration through its independence under the guarantee of municipal self-government (e.g., Art. 28 GG).
Public-Law Corporations, Institutions, and Foundations
These entities are responsible for certain administrative tasks but can also perform state tasks as part of indirect state administration.
State Administration in Interaction with the Legislature and Judiciary
State administration is part of the executive branch and is subject to control by parliament (legislature) as well as to review by courts (judiciary). Administrative action can be reviewed through court proceedings (e.g., administrative litigation).
Legal Remedies and Legal Protection Against Measures of State Administration
Individuals and organizations have various legal options to challenge actions or omissions of state administration:
- Administrative law protection (objection, action for annulment, action for performance)
- Constitutional complaints in case of violations of fundamental rights
- Actions for official liability in cases of damage caused by unlawful administrative action
State Administration in International Comparison
Other states have different models of state administration, depending on their constitutional structures and traditions of administrative law, for example, in centralized or federal systems.
Reforms and Modernization Efforts
State administrations are subject to ongoing reform, shaped by digitalization, citizen orientation, increasing efficiency, and decentralization. Examples include e-government initiatives, the introduction of one-stop-shops, or the expansion of digital administrative services.
Summary: State administration forms the core of implementing state tasks and ensures the enactment of laws in day-to-day administrative activities. It is based on defined legal principles and is clearly structured by its organization, hierarchy, areas of responsibility, and control mechanisms. At the same time, it is continuously modernized to meet the demands of efficient, rule-of-law, and citizen-oriented administration.
Frequently Asked Questions
How is the legal control of state administration structured in Germany?
Control of state administration in Germany takes place on several levels. Central is parliamentary control by representative bodies (Bundestag, state parliaments) and their committees, in particular the Petitions Committee and the Budget Committee. Independent audit authorities, such as the Federal Court of Audit, also supervise the budgeting and financial management of the administration. Legal control by the courts is of particular importance: via administrative courts (Art. 19 para. 4 GG, § 40 VwGO), every citizen can have sovereign administrative measures reviewed by independent courts. Additionally, there are internal administrative review mechanisms such as supervisory complaints or internal audits. Another important supervisory body is the data protection officer, who monitors compliance by the administration with data protection laws. In specific cases, ombudspersons or parliamentary committees of inquiry may have additional supervisory functions.
Which legal basis governs the organization of state administration?
The organization of state administration is governed primarily by the Basic Law (in particular Arts. 20 to 35 GG, Arts. 83 ff. GG). There, the principle of separation of powers as well as the division of responsibilities between the federal government and the states is established. Further details arise from the relevant administrative organization laws of the Federation and the Länder. At the federal level, for instance, the Federal Ministries Act, the Federal Civil Servants Act, or the Federal Budget Act are significant. For the structure of authorities and departmental divisions, additional administrative regulations, organizational decrees, or rules of procedure apply. The organization is also subject to the principles of the lawfulness of administration, hierarchy (authority to issue instructions, professional supervision), and the assignment of tasks by formal law.
In which cases is the administration bound by law and justice?
According to Art. 20 para. 3 GG, state administration is bound by law and justice (principle of the lawfulness of administration). This applies to every official activity, regardless of whether the action is sovereign (e.g., by administrative acts) or merely de facto (for example, in administrative contracts). The binding effect covers not only formal legislation but also the application and interpretation of other legal norms such as ordinances, statutes, as well as international and European legal requirements. Deviations are permitted only within statutory discretionary or assessment powers that are expressly granted. Even in cases of urgency, such as in police or public order law, relevant special legal rules and procedural requirements must be observed.
What legal standards apply to administrative action within the scope of discretion?
If the law grants the administration so-called discretionary power, the administration is obliged to exercise its discretion within the legal boundaries (limits of discretion) and in accordance with the purpose of empowerment (§ 40 VwVfG). In particular, the principle of proportionality, the prohibition of arbitrariness, and the obligation to observe fundamental rights must be observed. Defective exercise of discretion may occur in the form of non-use, overstepping, or misuse of discretion, which leads to the unlawfulness of the administrative decision and enables judicial review. The exercise of discretion must also be documented transparently and comprehensibly.
Under what conditions is the administrative act the typical instrument of state administration?
The administrative act is the central instrument of state administration when an authority makes a regulation in an individual case in the field of public law (§ 35 VwVfG). Typical applications include approvals, prohibitions, orders, bans, or requested administrative services. An administrative act is generally required when the administration makes a binding regulation in a specific administrative legal relationship with a particular person (recipient reference, individual case, concrete regulatory effect). The binding to discretion, obligation to state reasons, and the possibility of objection and legal challenge are mandatory legal requirements. In rare exceptional cases, real acts or purely sovereign acts without an administrative act may occur, but these can also be subject to subsequent legal review.
What is the significance of administrative procedure for the lawfulness of state administration?
The administrative procedure, through formal rules, ensures the lawfulness and transparency of governmental administrative actions. The relevant legal basis is found in the Administrative Procedure Act (VwVfG) and the corresponding state laws. Key principles include the right to be heard, ex officio investigation, the right to access records, and the obligation to provide reasons for decisions (§§ 24 ff. VwVfG). Errors in the administrative procedure—such as violations of participation rights or formal requirements—can result in the illegality of the administrative decision and, where applicable, its reversal. Moreover, proper administrative procedure strengthens rule-of-law transparency and the oversight of administration by the public and courts.
How are civil servants and employees legally integrated into state administration?
Civil servants and employees in public service are subject to different legal regimes. For civil servants, the Civil Servants Status Act, the Federal Civil Servants Act, and the corresponding state laws apply. They work in a public-law service and loyalty relationship, are subject to special basic duties such as neutrality, duty of service, duty of continuing education, and enjoy special protection, e.g., in disciplinary law and dismissal protection. Employees are employed under collective labor agreements (TVöD/TV-L) and have a private-law employment relationship with public-law characteristics (e.g., binding to collective agreements, specific duties toward the employer). Different regulations also apply regarding remuneration, co-determination, and dismissal protection, which are each governed by special laws.
