Administrative court

The administrative jurisdiction covers the courts ruling in matters of administrative law, ie the law of public administration ( Administrative ).

The concept of administrative justice

Administrative jurisdiction (English Administrative Justice) appears in the first observation as a relatively clear concept, but includes a number of aspects that can be assigned to the context or not. In general, the term includes the review of public administration in the higher courts.

Administrative jurisdiction is established in some states as a separate branch court, while other states do not know an independent administrative courts. Partly a review of administrative action is not provided by independent courts. In addition to courts (English court) and tribunals (English tribunal ) are available in the administrative jurisdiction other, not in the narrow sense judicial tools such as ombudsmen and mediation (which increasingly also come in different court branches for use ). In terms of the acquis communautaire in the united Europe about the concept of administrative courts is seen relatively far.

As with the constitutional jurisdiction the independence of administrative justice in the sense of separation of powers is essential for the differential diagnosis with other forms of the appeals bodies. On the other hand, it is itself also to a certain extent between the powers, though they are themselves the judiciary, but the material object of their skills is the executive branch, such as the constitutional jurisdiction judiziert the legislature. That's what makes the special position of these two court branches.

National

  • In Germany, the control of the Administration, is responsible mainly the courts of the administrative, social, and financial jurisdiction. This peculiar to German administrative court organization differs from the rest of Europe from right. See: Administrative Jurisdiction ( Germany ), social justice and financial jurisdiction
  • In Austria, the administrative jurisdiction is exercised in the first instance by the Regional Administrative Courts, the Federal Administrative Court and the Federal Finance Court and in the second instance ( court of appeal ) by the Administrative Court. The powers of the Constitutional Court, the decisions of the administrative courts for their constitutionality to check out special administrative jurisdiction is commonly counted for administrative justice. Main article: Administrative Jurisdiction ( Austria ).
  • In Switzerland, the cantons and the Confederation ever own administrative courts or appropriate court of appeals commissions and departments have set up. Main article: Administrative Jurisdiction ( Switzerland ).
  • France has a strictly specialized administrative courts, in three instances, the Conseil d' État and the High Court. This has next to judizieller competence and the task is to advise the government.
  • In English legal systems, there are usually no separate administrative courts. In addition, the jurisdiction is in principle the Parliament ( Concept of parliamentary sovereignty ).
802218
de