Federal Administrative Court of Germany
The Federal Administrative Court ( Federal Administrative Court ) is the supreme court of the Federal Republic of Germany in public disputes not of a constitutional nature and next to the Federal Labour Court, Federal Court, Federal Fiscal and Federal Social Court one of the five supreme courts of the Federation. It has its headquarters in the former Imperial Court Building in Leipzig.
As authority, the Federal Administrative Court as the Federal Fiscal and the Federal Court is under the portfolio of the Federal Ministry of Justice and is subject to its general supervision. In his capacity as court, however, it is independent.
History
The Federal Administrative Court was established under Article 95, paragraph 1 of the Basic Law by the law of 23 September 1952 ( Federal Law Gazette I, p 625 ). The seat of the Federal Administrative Court was initially Berlin. Since June 8, 1953, the Federal Administrative Court in the former premises of the Prussian Supreme Administrative Court was housed. The decision to make Berlin the official residence was especially among the occupying powers (especially the Soviet Union) controversial. This meant that with the rearmament of the Federal Republic had to move to Munich conscientious Senate of the Federal Administrative Court. Since the move, the Federal Administrative Court of Berlin to Leipzig in the Supreme Court building and they reside in Leipzig. Leipzig was determined by the law of 21 November 1997 as the new headquarters of the Federal Administrative Court. § 2 of the Administrative Procedure Code was amended accordingly. The official date of the seat change was determined by the Federal Minister of Justice, by ordinance of 24 June 2002 to 26 August 2002.
Court Organization and Formation of the Court
The Federal Administrative Court of 14 Senate are established: Ten revision Senate, two military service, Senate, Senate disciplinary and professional Senate ( to the latter: § § 189 in connection with § 99 paragraph 2 Code of Administrative Procedure ). In the revision senates five to seven professional judges are used, in the disciplinary senates and four in the military service three senates. At the Federal Administrative Court are a total of 56 professional judges operate.
A Big Senate is to unify the jurisprudence between the senates of the Federal Administrative Court - as with all federal courts - set (§ 11 Code of Administrative Procedure ).
The Business distribution and composition of the 14 Senate shall be governed by the applicable organizational chart.
Method
The Federal Administrative Court is mainly as a court of appeal in administrative matters against decisions of the High Administrative Courts ( OVG ) [or Administrative tribunals ( VGH ) ] active ( § 49 of the Administrative Procedure Code (APC ) ). See the conditions - in particular the necessary leave to appeal by the OVG / VGH or the Federal Administrative Court - § § 132 et seq the Code of Administrative Procedure. In exceptional cases, a leap-frog appeal against a judgment of the Administrative Court (VG ) is directly admitted to the Federal Administrative Court ( § 134 Code of Administrative Procedure ). The successful revision requires the assertion of existence and one (or more ) referred to in § § 137 or 138 Code of Administrative Procedure Revision reasons.
Exceptionally, the Federal Administrative Court in the first, but then the last active instance ( § 50 Code of Administrative Procedure ). The first instance is the Federal Administrative Court in
- Public disputes not of a constitutional nature between the Federation and the Länder ( = state ) as well as between different countries;
- Actions against the Federal Minister of the Interior ( Federal Ministry of the Interior - BMI ) over the declared under § 3 para 2 No. 2 of the Law on Associations club bans and according to § 8 paragraph 2 sentence 1 VereinsG adopted dispositions;
- Litigation against removal orders according to § 58a of the Residence Act and its enforcement;
- Complaints, which processes within the Federal Intelligence Service (BND ) are based;
- Complaints against actions and decisions in accordance with § 44a of the Act and the Members Code of Conduct for Members of the German Bundestag;
- Disputes, the planning approval process and plan approval procedure for certain important transport infrastructure projects, which are readily identified in the General Railway Act ( AEG ), the Federal Highway Act ( FStrG ), the Federal Waterways Act ( WaStrG ) or the maglev Planning Act ( MBPlG ).
In addition, the Federal Administrative Court is also active as a court of appeal for the disciplinary jurisdiction at the federal level (eg, the German Armed Forces ).
Before the Federal Administrative Court rules mandatory representation ( § 67 Code of Administrative Procedure ) [ usually shortened as a lawyer called ], that is, that the parties must be represented by a lawyer or a law professor at a German university ( with qualified judge ).
President and Vice President
Amtstracht
The official costume for the judges, the representatives of the national interest and the clerk at the Federal Administrative Court was established with the order of the Federal President on the official costume at the Federal Administrative Court.
The official costume consists of a Amtsrobe and a beret. To crimson robe, a broad white neckcloth worn with dangling ends. The clerks wear a simple white cravat. The trim on the Amtsrobe and the beret is dependent on the function. When the judges is the stocking of velvet, the representative of the national interest and the officials appearing for him is the stocking of silk and the Urkundspersonal wearing robes with patches made of wool. At the beret, the President of the Federal Administrative Court, the presiding judge at the Federal Administrative Court two cords of gold and the judge at the Federal Administrative Court two crimson cords carries three cords in gold, in silk. The representative of the national interest before the Federal Administrative Court carries on his beret three cords in gold, which occur to him a crimson cord officials in silk.