Definition of Legal Standing
Die Legal Standing is a central concept in German civil procedure law and administrative procedure law. It represents one of the most important procedural requirements for bringing a lawsuit before a court. Legal standing determines who is entitled to seek a judicial decision in a specific matter. It ensures protection of the courts from inadmissible or frivolous lawsuits and serves to realize an orderly system of legal protection.
Legal Standing in Civil Procedure Law
General Requirements
In civil procedure law, legal standing must be considered in connection with § 253 ZPO and § 256 ZPO. As a rule, anyone who claims to be affected in their own subjective rights has standing to sue. Thus, legal standing is an expression of procedural party capacity and is a requirement for the admissibility of the lawsuit.
Distinction from Other Procedural Requirements
Legal standing must be distinguished from the authority to conduct proceedings (Prozessführungsbefugnis) and from substantive entitlement (Sachlegitimation). While the authority to conduct proceedings determines who may enforce a specific claim before a court, legal standing relates to the assertion of one’s own rights being infringed by an action or omission. Substantive entitlement concerns the material right to the claim, i.e., entitlement to the claim under substantive law.
Lack of Legal Standing
If legal standing is lacking, the lawsuit must be dismissed as inadmissible. A typical example of this is the so-called popular action (Popularklage), where someone files a claim without being affected in their own rights.
Legal Standing in Administrative Proceedings
Statutory Basis
In administrative procedure law, legal standing is governed by § 42 (2) VwGO, which for actions for annulment and mandatory injunctions, requires the assertion of a personal violation of rights. Accordingly, anyone who claims that an administrative act or its refusal or omission violates their rights is entitled to sue. The provision serves to exclude inadmissible popular actions.
Function of Legal Standing
Legal standing filters out lawsuits that lack direct personal involvement. It is an objective procedural requirement and serves to protect the courts from cases where the plaintiff is only factually, but not legally, affected.
Prohibition of Popular Action
In German administrative procedural law, the prohibition of popular actions generally applies. This means that it is only possible in exceptional cases to file a lawsuit without asserting a personal violation of rights (for example, environmental associations under special legal provisions in environmental law). Otherwise, the requirement of legal standing ensures that the court upholds individual legal protection.
Criteria for Legal Standing
Relevant Point in Time
Legal standing must be examined ex officio, and specifically at the time the lawsuit is filed. If necessary, standing must also persist until the last oral hearing. Subsequent loss of standing leads to inadmissibility of the lawsuit.
Requirement to Substantiate the Claim
For legal standing, it suffices that, based on the plaintiff’s presentation, a violation of rights appears at least possible (so-called possibility theory). The plaintiff must present facts that allow the conclusion of a potential rights violation; the actual infringement of rights is a matter for the examination of the merits.
Types of Action and Legal Standing
- Action for Annulment (§ 42 (1) Alt. 1 VwGO): The plaintiff must assert being violated in their own rights by the administrative act.
- Action for Mandamus (Obligation) (§ 42 (1) Alt. 2 VwGO): The allegation that the refusal or omission of an administrative act violates one’s rights is required.
- General Action for Performance: Legal standing is to be examined analogously to § 42 (2) VwGO.
- Action for Declaratory Judgment (§ 43 VwGO): In this case, legal standing results from the interest in a declaratory judgment and the requirement of being affected in one’s own rights.
Legal Standing in Constitutional Proceedings
Constitutional Complaint
In constitutional proceedings, legal standing is known as the admissibility to lodge a complaint (Beschwerdebefugnis) (Art. 93 (1) No. 4a GG and § 90 (1) BVerfGG). Accordingly, there must be the possibility of being violated in a fundamental right or equivalent right guaranteed by the constitution. An objective review of the law without personal involvement is excluded.
Legal Standing in European and International Law
Legal standing is also expressed in European law, for example as part of the individual action under Art. 263 (4) TFEU. The European Union likewise requires that a plaintiff be directly and individually affected by a legal act. In international law, standing is usually governed by international treaties and the legal avenues for protection stipulated therein.
Distinctions and Special Forms
Representative (Association) Actions
So-called association actions are an exception to the general rule of personal legal standing. They are usually based on a special statutory authorization, for example in environmental law (§ 4 UmwRG) or consumer protection (§ 3 UKlaG). In these cases, a collective interest replaces individual legal standing.
Third-party Involvement and Legal Standing
Legal standing is generally tailored to the claimant’s own involvement. Cases of indirect or third-party involvement are recognized by law only under certain conditions, for example, if there is a provision intended to protect third parties that can be asserted as violated.
Legal Consequences of Missing Standing
If standing is affirmed, the lawsuit is admissible and the court enters into an examination of the merits. However, if standing is lacking, the lawsuit is dismissed as inadmissible—without substantive examination of the claim. Standing may also be lost retroactively during the proceedings, resulting in inadmissibility of the lawsuit.
Summary
Die Legal Standing is a constitutive element of the system of legal protection. It restricts the ability to sue to those who are potentially affected in their own rights by an act, decision, or law. In this way, it protects the courts from inappropriate claims and serves to realize effective legal protection. Its design and examination are specific to the particular types of proceedings but are always prerequisites for the admissibility of a lawsuit.
Frequently Asked Questions
What role does a legitimate interest play in legal standing?
A legitimate interest is a central element of legal standing in German law. It requires that the plaintiff has a personal, current, and legally recognized interest in enforcing the asserted claim. This interest must not merely be a general legal interest or a popular concern; rather, the plaintiff must be affected in a way that distinguishes them from the general public. In particular, this requires the possibility that the alleged right has been violated specifically in the person of the plaintiff or at least that a violation appears possible. The court already examines the legitimate interest when assessing the admissibility of the action and will dismiss the case as inadmissible if it is lacking. This serves to prevent the courts from being flooded with cases from individuals who merely pursue general legal interests, thereby ensuring the effectiveness of legal protection.
How does legal standing in administrative law differ from that in civil law?
In civil law, legal standing generally results from the assertion of a subjective right, since the plaintiff usually pursues their own rights (§ 253 ZPO). Legal standing is typically only checked formally, determining whether the plaintiff at least makes assertions indicating a possible personal rights violation. In administrative law, however, § 42 (2) VwGO requires a more detailed examination of whether the plaintiff alleges that they may be violated in their own (particularly subjective public) rights. Thus, at the admissibility stage there is already a focused check as to whether there is at least the possibility of an individual violation (possibility theory). As a result, the requirements for standing in administrative law are more restrictive to exclude purely popular actions.
What are the consequences of missing legal standing for court proceedings?
If the plaintiff lacks standing, the lawsuit is to be dismissed as inadmissible. The court examines this in the admissibility check, that is, before proceeding to a substantive (material law) examination of the asserted claim. If the lawsuit is accepted and processed despite lacking standing, this may result in unlawful recourse to the judicial system. The absence of standing can be reviewed by the court at any time ex officio during the proceedings, even if the parties do not raise the issue. In the event of inadmissibility, the case is terminated by a procedural judgment so that a substantive consideration of the claim does not take place.
Are there special regulations regarding standing in association actions?
In German law, there are numerous special rules regarding legal standing in association actions. While standing is generally reserved for natural and legal persons who assert a direct personal rights violation, for example, the Environmental Remedies Act (UmwRG) allows certain recognized environmental associations to take action against administrative decisions even if the association itself is not directly violated in its own rights. The prerequisite is usually a special statutory authorization that explicitly grants standing to associations and thus supplements the classic individual claim with a collective interest representation. However, this form of action is also subject to strict admissibility requirements to prevent abusive lawsuits.
How relevant is the possibility theory for the acceptance of legal standing?
The possibility theory is particularly significant in administrative proceedings. According to this theory, it is sufficient for standing if, in light of the claim presented, there is at least a possibility that the plaintiff’s own rights have been violated. Therefore, actual proof of a violation is not yet required; it suffices to assert a plausible involvement. This low threshold is intended to ensure broad access to the courts at the admissibility stage, without pre-empting the substantive examination. Nonetheless, the possibility theory still protects against popular actions by requiring a reference to the plaintiff’s own rights.
Can legal entities or partnerships have standing?
Yes, legal entities under private and public law as well as partnerships can have standing if, in the relevant context, they assert their own rights or at least legally protected interests. Here, the principle for standing generally follows the same rules as for natural persons. In administrative law, especially legal entities can have standing if they are directly affected by administrative acts or can invoke corresponding fundamental rights (e.g., Art. 19 (3) GG). In civil law, violation of corporate rights is often decisive for companies.
How does legal standing relate to popular and declaratory actions?
Legal standing contrasts with popular actions, where anyone may bring a claim regardless of their own involvement. German law recognizes genuine popular actions only in very narrowly defined exceptional cases. In general, legal standing is to be examined restrictively in order to prevent merely protective assertions or politically motivated waves of lawsuits. Regarding the action for a declaratory judgment (§ 43 VwGO, § 256 ZPO), a legal interest in the determination of the existence or non-existence of a legal relationship is required; this is tied to the assertion of a concrete, personal involvement and thus constitutes a specific form of legal standing.
