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Administrative jurisdiction; information

The administrative courts are an essential pillar of the rule of law. In particular, they provide citizens with legal protection against the state and other public authorities. Legal protection by administrative courts serves to control them.

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Bayerisches Verwaltungsgericht Regensburg

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Haidplatz 1
93047 Regensburg

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Postfach 110165

93014 Regensburg

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Procedure details

Tasks of the administrative courts

All government action must comply with the law. On the one hand, a prescribed procedure must be followed where applicable (formal legality) and on the other hand, the content of the state action or omission must also comply with the legal system (substantive legality).

Citizens can have any administrative decision that affects them reviewed by the courts. The constitutionally guaranteed independence of judges is of particular importance as one of the essential characteristics of the rule of law. It guarantees that proceedings are handled free from instructions and influence.

Legal recourse to the administrative courts is available, for example, in the following areas of law:

  • Building and development law
  • Police and security law
  • assembly law
  • trade law
  • civil service law
  • Municipal law
  • Environmental law (pollution control, nature conservation and water law)
  • Aliens and asylum law
  • School and university law
  • Radio and television law
  • Road traffic law
  • Social law (unless the social courts have jurisdiction)

The Administrative Court decides at first instance on major technical projects, such as the construction, expansion and operation of commercial airports, as well as on planning approval procedures for the construction or modification of federal highways and railroad lines and for high-voltage overhead lines, and on procedures concerning the operation or decommissioning of nuclear power plants.

  • Various legal remedies are available to take action against official action or to obtain official action. If an official decision has already been issued, the information on legal remedies printed on the decision provides information on which legal remedy is the correct one. The administrative courts usually decide by means of a judgment, which is generally issued after an oral hearing.
  • In urgent cases, it is also possible to apply for interim legal protection. In these proceedings, which are generally conducted without an oral hearing, decisions are made by means of an order.
  • In some areas of law listed exhaustively in Art. 12 of the Act on the Implementation of the Administrative Court Code (AGVwGO), citizens can generally choose whether to file an objection against an official decision and possibly subsequently file a lawsuit or whether to file a lawsuit directly without prior objection proceedings.

Local jurisdiction

In Bavaria, a total of six administrative courts (in Ansbach, Augsburg, Bayreuth, Munich, Regensburg and Würzburg) and the Bavarian Administrative Court (in Munich with a branch office in Ansbach) deal with administrative court disputes.

In principle, there is an administrative court for each administrative district, which has its seat at the seat of the district government; only the Administrative Court of Regensburg is (for historical reasons) responsible for the administrative districts of Lower Bavaria and Upper Palatinate.

Which of the six administrative courts has jurisdiction (local jurisdiction) is generally determined by the seat of the authority issuing the administrative act, the domicile of the complainant or the seat of the defendant. There are special regulations for civil servants, for disputes under the Asylum Act, local rights and for property matters. Further information can be found in Section 52 of the Administrative Court Code (VwGO) or in the information on legal remedies in the official decision.

Composition

The so-called collegial principle applies to the composition of the adjudicating bodies. At the administrative courts, disputes are generally decided by three professional judges (one presiding judge and two associate judges) and two honorary judges. The involvement of several judges means that the different experiences and opinions of the judges are taken into account in the decision-making process. This ensures a balanced verdict that takes all aspects of a case into account. In addition, the - legally more important - decisions of the chamber often have the character of "guidelines" for the authorities on how future cases are to be dealt with in accordance with the law. Ultimately, this also benefits the citizen who has to deal with the administration. In legally determined cases, especially in asylum proceedings, individual judges decide.

At the Administrative Court, senates consisting of three professional judges regularly make decisions. Senates are also formed at the Federal Administrative Court, which are generally composed of five professional judges.

Three-tier structure and appeal system

The administrative courts have a three-tier structure. The Bavarian Administrative Court is located above the Bavarian administrative courts. The highest administrative court is the Federal Administrative Court (based in Leipzig).

If citizens do not wish to accept a decision of an administrative court that affects them, they can lodge an appeal against judgments in which the administrative court has allowed an appeal. If the appeal has not been allowed by the administrative court, an application can be made for permission to appeal. A complaint may be lodged against decisions.

Special rules apply in asylum procedure law: an appeal cannot be admitted by the court of first instance and an appeal against urgent decisions is excluded.

The correct legal remedy in each case can be found in the information on legal remedies at the end of the respective decision of the administrative court. If an appeal is lodged, the contested decision does not initially become final.

Administrative court decisions cannot be appealed indefinitely. After expiry of the appeal period, they become final. The time limit for lodging an appeal begins with the notification of the fully drafted decision.

Costs

Proceedings before the administrative courts generally incur costs. A distinction must be made between court costs - court fees and court expenses - and extrajudicial costs - in particular lawyers' fees. The amount of the court and lawyer's fees is calculated on the basis of the value in dispute determined by the court. Some court proceedings, such as asylum or youth welfare proceedings, are free of court costs.

If a party cannot bear the costs of a legal dispute themselves, legal aid may be granted. This can also be applied for without legal representation.

The court will decide by order whether the requirements are met.

The entire costs of a legal dispute are generally borne by the losing party. In many cases, court fees are due when the lawsuit is filed, which must be advanced by the plaintiff. If the action is successful, the costs are reimbursed.

Status: 02.08.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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