In absence of a rule, the VwGO is supplemented by the code of civil procedure (Zivilprozessordnung [ZPO]) and the judicature act (Gerichtsverfassungsgesetz [GVG]). In addition to the regulation of the executive procedure, the VwVfG additionally constitutes the authorized safety in administrative law beyond the court docket procedure. § 68 VwVGO guidelines the preliminary proceeding, known as “Vorverfahren” or “Widerspruchsverfahren”, which is a stringent prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus towards an authority is aimed.
The preliminary continuing offers each citizen, feeling unlawfully mistreated by an authority, the likelihood to object and to drive a evaluate of an administrative act with out going to court docket. The prerequisites to open the general public law treatment are listed in § forty I VwGO. Therefore, it’s essential to have the existence of a battle in public law with none constitutional features and no assignment … Read More