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An authority in the Federal Republic of Germany is an organ of a which is justified opposite the to notice with external effect tasks of public administration (especially the decree of acts of administration and closing public contracts). For the legal standard the which acts by its authorities, requires loading official trade an interference basis (law reservation).
Whether demands are made against the authority term over the characteristic as organ of a outside, is disputed. That is differentiated organization of the administration-legally authority term and the administrative proceedings-legal or functional authority term.
The administrative proceedings law (VwVfG) this far authority term is the basis. "ยง1 Abs.4 VwVfG determines that all places, which notice tasks of the public administration are authorities. "Place" is as organizational unit, ith e. as summary durably put on of personal and materials, thus as organ to understand.
The organsiationsrechtliche authority term understands an authority as organ of a which stands regarding other organs of the same in a In addition several organs of a must be essentially responsible for the same area, stand however to each other in an upper and (e.g. ministry of the Interior, district administrations and district administration offices). If all organs of the same are essentially responsible for different ranges, represent this no authorities in the organization-legal sense (e.g. first mayor, local council).
The authority term of the VwVfG is further calm as the organization of the administration-legal; all authorities in the organization of the administration-legal sense turned around also authorities in the administrative proceedings-legal sense, not however.
Authorities arise opposite the citizen in the own name, although their acts by them. They lead thereby mostly a coat of arms, which is visualized also in the service seal. Authorities of the federation lead the federal eagle, authorities of the country respective Landeswappen and municipality authorities the Gemeindeinsignien.
The demarcation of an authority to a non--authority can become difficult if the public hand takes over economic tasks (example: Public utilities XY as power suppliers), or if (as it were as mirror image of the first alternative) typically public tasks are fulfilled by private ones (example: Privatisation of the refuse disposal - utilization). Then the question, whether it concerns an authority, is frequently one the legal status of the institution, in the public perception also a question of the behavior of the coworkers.
Federation and Land authorities have a very similar structure. It differs - in particular in the designations - clearly from local authorities. Therefore these are separately represented.
Generally it applies that the competencies and responsibilities as well as the substantial operational sequences by law, regulation, decree, statute, agenda or otherwise clear and comprehensibly fixed are. Apart from and thus in-complainable the rights of the citizens laid down in laws and regulations the authority decisions are subject in principle to a legal examination (administrative jurisdictionn). The internal operational sequence are however not in complainable, are subject however to the supervision of service and can if necessary with a complaint of supervision of service be occupied. A complaining barness can result from internal operational sequence however, if it comes by it to a self connection of the administration, deviating from an administrative practice therefore the general equality set from kind 3 exp. 1 GG hurt became.
Because of the structure there are exceptions practically to everything somewhere also. The following texts represent therefore the usual case. In individual cases there can be deviations.
The basic organizational units of the federation and Land authorities are the Referate or departments. Several Referate are combined into a department, if necessary also to a subsection or a group.
The federation and Land authorities implement the laws of the federation and/or their country. (See however also: Administration of orders). Since the countries are the actually constituting elements of the Federal Republic of Germany, these act these of the respective parliament independently in the context of their federation and Landesverwaltung only under the supervision of their government and as well as under the examination by courts.
When generally large administrations the individual authorities are called often office, e.g. Tax office or Forstamt.
Central authority within the local range is on local level of the mayors, with the districts the land advice. The organizational units of the municipal administrations led by them are called traditionally offices. Several offices are summarized in departments or papers. In the municipal administration a department is a subdivision of an office. A department manager of a local authority corresponds so rather to a group leader of the free economy, thus a high-level personnel with very reduced authority. In contrast to it the department manager of a federal authority (see further above) is a very powerful personality, that corresponds to a director in the free economy rather. At larger departments of the local authorities function groups are formed. A group leader manages these. Depending upon cut and size of the authority departments and function groups are called today often also "team". With the introduction of the so-called new control model since the nineties of the last century often the designations of the organizational units were changed, from offices became in this way specialist areas.
Municipalities are supervised with their activity by the supervision of local. Local supervisory authorities are their superordinate authorities (land advice, head of the provincial government, Minister of the Interior). This meant that decisions can be waived by local authorities in principle also by the supervisory authority, in many cases is required their preceding permission. The supervision of local is arranged hierarchical and lies for smaller municipalities usually at (land) the circle, for these frequently during the district government. Highest instance of the supervision of local is usually the Minister of the Interior of the country.
Authorities are to be found also within the church range, so-called Konsistorien
Administrative procedures have generally very strict designations. Thus there are the for example following fixed designations:
Example: After a break-down in the tax office the police station leader writes him a report the chief of the police, it addresses a letter to the tax office and an arrangement to its untergebenen police officer.
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