One uses the pair of terms basic relationship and operation condition mainly in the German administrative law, there in particular in the official right. The pair of terms was coined/shaped by Carl Hermann Ule and introduced for the first time on the conference of the combination of the German public law teachers 1956 in Mainz.

Since officials, soldiers, pupils or students in a special obligation relationship to the service gentleman are, a official-legal measure can be either a act of administration (with external effect) or only an serve-internal instruction. Differences it becomes with the fact after the fact whether the measure refers to the basic relationship or the operation condition.

Into the sense of this distinction a regulation, which concerns only the internal organization and/or arrangement of the obligation relationship, reaches only into the operation condition. This accepted for the conversion on another service post by change that distribution of business. With an interference only into the operation condition no external effect is present. The regulation has only the character of an official instruction.

By an interference into the basic relationship one understands against it such into the personal rights and/or into the status of a person, for example the transfer to another service gentleman. With an interference into the basic relationship a act of administration (with external effect) is present.

Literature

• Carl Hermann Ule: The special force relationship, in: Publications of the combination of the German public law teachers (VVDStRL) Bd. 15, P. 133 FF, walter de Gruyter & Co Berlin 1957

Articles in category "Basic relationship and operation condition"

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