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Public interest; representation
The Office of the Public Prosecutor represents public interests in around 250 court proceedings before the Administrative Court and the Federal Administrative Court every year.
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Landesanwaltschaft Bayern
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Ludwigstr. 23
80539 München
U-Bahnlinien U3 und U6 (Universität) sowie Buslinien 58, 68, 153, 154
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Postfach 340148
80098 München
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Procedure details
Description
Pursuant to Section 5 (2) LABV, the representation of the public interest must "cooperate to ensure that the law prevails and that the common good does not suffer any harm".
The defendant in these proceedings is not the Free State of Bavaria, but a local authority (municipality, in particular an independent city, district, county) or another public corporation (including the Federal Republic of Germany).
These are cases in which the corporation's own interests are in dispute (example: development plan, production contribution for water supply, wastewater disposal facility) as well as cases of exclusive state interests in which the corporation is the competent initial authority (e.g. whenever a city acts as a district administrative authority, e.g. in the case of a building permit or a ban on assembly).
The VÖI function (VÖI = representation of the public interest) ensures that the state has indispensable opportunities to participate in proceedings in which it would otherwise not be involved
:- Bringing state interests and arguments into the legal dispute if the non-state initial authority (e.g. district-free city, but also the federal government) does not have the knowledge or expertise to do so, e.g. the current police interests in the case of a violent demonstration, the interests of aliens law and citizenship law in deportation or naturalization cases, the interests of state media and broadcasting policy in lawsuits by and against broadcasters, the interests resulting from the State Treaty on Gambling in the case of a ban on private sports betting;
- Appeals in the interests of the state if a non-state authority does not wish to be burdened with further litigation (and the associated cost risk), for example in proceedings relating to demonstrations, immigration and naturalization matters, construction and energy plant litigation;
- "Guardian and process-influencing function", if court decisions against municipalities can (also) have consequences for state action (e.g. with regard to the legality of state model statutes).
Legal bases
Related issues
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Disciplinary proceedings; filing a disciplinary complaint and representation in courtSince January 1, 2006, the Bavarian State Prosecutor's Office has been responsible for matters under the Bavarian Disciplinary Act (BayDG).
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Legal representation; representation of the Free State of Bavaria as a party to the proceedings
In all litigation proceedings against the state before the Bavarian Administrative Court and the Federal Administrative Court (Free State of Bavaria as defendant), the State Attorney's Office is the legal representative of the state (exception: Section 3 (3) sentence 3 LABV).
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Administrative case law; information and advice for authoritiesThe State Attorney's Office informs the Bavarian authorities about the latest administrative case law, participates in the implementation of procedural findings for the administration and is available to the authorities for all judicial legal questions.
Status: 08.11.2024
Editorially responsible for prodecure description: Landesanwaltschaft Bayern
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