The hearing is embodied in approximately all official procedures as a component. Constitutional the hearing is not to be seized under the legal hearing before court according to kind 103 exp. 1 GG, yet the necessity results from the constitutional state principle.

Everyone, which can be concerned by administrative proceedings negatively, is to be listened to after "§ 28 VwVfG. Exceptions result from the regulations of the paragraphs 2 and 3. The facts "§ 28 VwVfG read:

(1) Before a act of administration will issue, which intervenes in rights of an involved one, this opportunity is to be given, to the facts substantial for the decision to express itself.

(2) From the hearing can be refrained, if it after the circumstances of the individual case is not required, in particular if

1. an immediate decision because of danger in the delay or in the public interest appears necessary;

2. by the hearing the adherence to a period in question, relevant for the decision, one placed;

3. from the actual data of an involved one, which this gave in a request or an explanation, not from his Ungunsten to be deviated is;

4. the authority a general decree or homogeneous acts of administration in larger number or acts of administration with the help of automatic mechanisms issued wants;

5. Measures in the administrative enforcement to be met are.

(3) A hearing is omitted, if you oppose a compelling public interest.

To the contradiction procedure applies however the more special regulation "§ for 71 VwGO:

If the abolition or change of a act of administration is in the contradiction procedure for the first time with one weights connected, the concerning before decree of the remedy answer or the contradiction answer is to be heard.

Further relevant regulations are with only formal procedures "§ 66 exp. 1 VwVfG and with plan statement procedures "§ 73 VwVfG.

The hearing is to cause above all the correct decision of the authority and circumstances widens possible to clear up. If the hearing obligation is hurt, then develops a substantial procedural error, which can be deplored with an isolated contestation complaint after "§ 79 VwGO before the Administrative Courts. The hearing is form-free, can take place thus both verbally and in writing.

A been omitted hearing, if it were prescribed, leads to the illegality of the act of administration, however too much importance should not be attached to this consequence. The been omitted hearing can be healed after "§ 45 exp. 1 No. 3 VwVfG, why an appointment is a little helpful alone on the been omitted hearing. For causing the healing, i.e. for retrieving the hearing, it is sufficient after the constant iurisdiction, if the opportunity were given for hearing in the context of the contradiction procedure. That is, that alone by inserting the contradiction and the associated possibility of letting in the healing occurs after "§ 45 VwVfG.

See also: Act of administration, administrative law

Related links

• Kind 103 GG
• "§ 28 VwVfG
• "§ 45 VwVfG
• "§ 66 VwVfG
• "§ 73 VwVfG
• "§ 71 VwGO
• "§ 79 VwGO

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