Historical and doctrinal analysis of the German administrative procedure model
Abstract
The article is dedicated to a detailed analysis of the formation and development of the German model of administrative procedure, which is based on a powerful legal mechanism developed by the joint efforts of German scientists and legislators and enshrined in the Federal Republic of Germany Law “On Administrative Procedure”. Considerable attention is paid to the influence of scientific research in the field of administrative law and historical events that accompanied the legislative activity of the Bundestag. This article analyzes the historical formation and development of the German administrative procedure, which is based on legal mechanisms developed by German scientists and legislators. The influence of scientific research and historical events on the development of administrative law is studied.
The article not only considers the historical aspects of the development of administrative law but also offers an analytical approach to this topic. This allows us to make scientific and legal generalizations regarding the main historical events and doctrinal experience that influenced the formation of the German model of administrative process. Particular attention is paid to the role of the works of Otto Mayer, Georg Jellinek and the concept of rational bureaucracy of Max Weber in the formation of administrative law. The study covers the analysis of key legislative acts, including the German Constitution and the Law “On Administrative Procedure” of 1976. The article emphasizes the importance of legal transparency and protection of citizens’ rights in administrative procedures and offers an analytical approach to the study of the historical development of administrative law. The author emphasizes the importance of the works of Otto Mayer and Georg Jellinek in the formation of the foundations of administrative law. An important aspect is also the influence of the concept of rational bureaucracy of Max Weber, which defines a systematic approach to regulating the activities of management personnel through formal rules. The study analyzed key legislative acts that influenced the development of administrative law, in particular the German Constitution and the Law of the Federal Republic of Germany “On Administrative Procedure” of 1976. The codification of administrative law and the complexities that arose during this process are separately considered, the exclusion of some areas, such as tax and social security, from the scope of a single legislative act.
The article emphasizes the importance of ensuring legal transparency and clarity of administrative activities, and examines the concept of the status process, developed by Peter Häberle, which ensures the protection of fundamental rights of citizens through administrative procedure. Moreover, the article discusses the role of the political context in the formation of administrative procedures in different historical periods. Considerable attention is paid to the influence of economic and social factors on administrative reform. In addition, the issue of future directions of development of administrative law in the context of globalization is highlighted.
Overall, the article outlines the key aspects of the development of the German administrative procedure model, focusing on the historical context and doctrinal foundations that shaped this model, and provides extensive opportunities for scholarly legal research in this area.
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References
Mayer, O. (1924). German Administrative Law (3rd ed.). Duncker und Humblot.
Weber, M. (2005). Complete Edition. Department. Herrschaft.
Mayer, O. (1886). Theory of French Administrative Law. Publishing House of Karl J. Trübner.
Markova, О. O. (2023). Conceptual foundations of legal regulation of administrative procedure: comparative analysis [Doctoral dissertation, Zaporizhia National University].
Stolleis, M. (1988). History of Public Law in Germany. Beck.
Jellinek, G. (1919). System of subjective public law. J. C. B. Mohr.
Masing, J. (1997). The mobilization of citizens for the enforcement of the law. Duncker und Humblot.
Djerdja, D. (2012). Administrative Law in Croatia, the Balkans Case Studies of Comparative Administrative Law in Albania, Bulgaria, Croatia, Serbia and Slovenia. Cedam.
Schmidt-Assmann, E. (2012). Fundamental Issues on the Reform of the General Theory of Administrative Law. Need for Innovation and Methodological Requirements. Innovation and Reform in Administrative Law, 15(3), 15–64.
Bachof, O. (1951). The administrative court action for the performance of an official act: at the same time an investigation into the public law claim for subsequent elimination after the annulment of an unlawful administrative act. Mohr.
Schmidt-Assmann, E. (2006). General administrative law as a concept of order: Fundamentals and tasks of administrative law system formation. Springer Berlin.
Schmidt-Assmann, E. (2009). General administrative law as an idea of regulation: basic principles and tasks of administrative law systematics (2nd ed.) (H. Ryzhkov, I. Soiko, & A. Bakanov, Transl.; O. Syroid, Ed.). K.I.S.
Kmieciaka, Z. (2013). Administrative proceedings in Europe (2nd ed.). Wolter Kluwer Polsky.
Punder, H. (2013). German administrative procedure in a comparative perspective: Observations on the path to a transnational ius commune proceduralis in administrative law. International Journal of Constitutional Law, 11(4), 940–961. https://doi:10.1093/icon/mot045.
Martens, W., & Häberle, P. (1972). Basic rights in the welfare state. Publications of the Association of German Constitutional Law Teachers. De Gruyter.
Bergner, D. (1988). Protection of fundamental rights through procedure: a comparative study of German and British administrative procedural law. F. Vahlen.
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