Standing (law)

Locus standi is a term from the German procedural law. The plaintiff is entitled to bring proceedings if he claims to be injured in their own individual rights. Many kinds of methods to know the legal standing as a condition of admissibility, that is, that the action is already rejected in the absence of locus standi as inadmissible, would be decided without ever Action ( merits ).

The requirement of own subjective rights can only be waived because, where a law organized third party grants a private right of action in the form of class action.

The purpose of the scheme

The reason for the legal requirement of locus standi is often " defense of popular action " stated: It should not be a bystander soar, which itself is not affected as the custodian of foreign interests. Thus, there is no general right to law enforcement, but only a claim of the person concerned. In that regard, the requirement also protects the freedom of the person concerned a dispute not just fight out, as well as the courts against overload.

This argument is not necessarily there, where it is a subjective process, ie where the merits of any case, the infringement of the rights of the plaintiff presupposes ( legal challenge, commitment proceedings ). There - and this is the main legal application area - causes the requirement of legal standing to bring forward a component of the substantive examination of the admissibility stage. Cause may be that an action which is so manifestly unfounded should already be dismissed as inadmissible, without having to deal with the sometimes complicated legal matters of substance at all.

It is therefore understandable that is generally regarded as sufficient for standing that the violation of individual rights of the plaintiff is possible (possibility theory). In individual cases may still be questionable whether "obvious" already legal standing and thus the admissibility should be rejected as, or whether the action is allowed but due to lack of violation of its own rights unfounded.

Even where no individual rights, but in an internal dispute mere organschaftliche powers which could be violated is regularly a " locus standi " is required.

With an objective procedure in which it is not about the violation of individual rights, but about control of the objective law, there is regularly no legal standing. The overloading of the judiciary is usually already therefore excluded because the number of eligible party is low. Terminologically clumsy it is, therefore, to describe any application requirements as the " locus standi ". Only the principals statute pursuant to § 47 Code of Administrative Procedure, under which the Administrative Court ( Administrative Court ) building plans and reviewed in accordance with state law, ordinances and regulations as to their validity as far as making an unusual exception. Is tested alone the legality of the challenged norm - - Although it is an objective method, limited § 47 Section 2 Sentence 1 Code of Administrative Procedure since 1997 on the admissibility of " any natural or legal person submits, by the legislation or its application to be injured in their rights or to be violated in the foreseeable future. "

Types of procedure

Verwaltungsprozessrecht

For the administrative procedural law legal standing in § 42 paragraph 2 is enshrined Code of Administrative Procedure:

From the scheme ( related to Section 1 ) it is clear that here explicitly only rescission and commitment proceedings are meant. The provision, however, applied by analogy to the general power suit and according to popular opinion on the declaratory action. Also according to § 42 paragraph 2 applies to the Code of Administrative Procedure Pre-Trial ( contrary authority ) to. However, as the reviewing authority also checks the appropriateness of the administrative act, contrary authority exists even if the possibility of violation of the law is not based on any unlawful, but improper administrative act.

The principals statute pursuant to § 47 Code of Administrative Procedure knows, although objective method, the locus standi ( see above).

Financial and social Litigation

For the proceedings before the tax courts knows § 40 para 2 FGO legal standing. For social justice is defined in § 54 SGG.

Constitutional jurisdiction

In the constitutional jurisdiction is the locus standi especially for the constitutional complaint (Article 93 paragraph 1 No. 4 of the Constitution: Complaint power ) and the dispute between organs (Article 93 Paragraph 1 No. 1 GG) requirement for admissibility. The standard control procedures know as an objective method types no legal standing.

A unique in Germany, the exception makes the Bavarian Constitution, in conjunction with Article 55 VfGHG a popular action to the Bavarian Constitutional Court against state laws permitting in Article 98, sentence 4, which contradict the state constitution. Here no legal standing is required, even bystanders may therefore bring an action.

Examination of locus standi

In administrative proceedings, the legal standing can then be affirmed harmless if the applicant is the addressee has become a burdensome administrative act ( addressed theory). For it follows from the understanding of Article 2, Paragraph 1 of the Basic Law as a general freedom of action that each state command to a citizen is at least one engaging in the general freedom of action. The violation of this fundamental right is possible and legal standing is available.

Problem, the test is, however, if third parties claim to be indirectly affected by the directed to another favorable administrative act. Prime example is the building permit, against the neighbor of the beneficiary intends to proceed. Here the addressee theory does not help, but needs to be investigated exactly what is necessary to examine the provisions of the building regulations not only by the licensing authority, but also third party conveys a subjective right to compliance. When planning laws are to protect third parties in this manner, is to be determined by the design, sometimes even explicitly stated in the law ( eg § 5 paragraph 7, sentence 3 Landesbauordnung Baden- Württemberg: " The neighbor protective part of the distance depths is at number 1 0, 4 of the wall height at point 2, 0.2 wall height and number 3 0.125 of the wall height, but at least the depth by Theorem 2 ). "

• Administrative procedural law ( Germany )