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» Economics » General administrative law » Topics begins with L » Legal assistance

Page modified: Tuesday, July 12, 2011 23:30:41

Legal assistance is the administrative support of an authority by another authority. The authority, which asks for legal assistance, is called asking authority. The authority, which is to carry legal assistance out, is called asked authority.

In Germany the authorities are obligated to the mutual legal assistance. Legal assistance is carried out in principle free of charge and free of charge, however displays under certain conditions are, regulated e.g. in "§ 8 of the administrative proceedings law (see Web left), refund. The asked authority can reject the legal assistance in certain cases, for example if it could render help only at disproportionately large expenditure. The asked authority may not carry legal assistance out, if it would offend thereby against a law, for example against regulations of the data security.

No legal assistance is present, if authorities render themselves help within an existing instruction relationship, if thus a lower authority supports its superordinate authority. If the assistance exists in actions, which are incumbent on the asked authority anyway as own task, no case is likewise given the legal assistance.

The principle of office and legal aid is regulated in Germany in article 35 of the Basic Law. Detailed regulations are in different laws, among other things in "§"§ the 4-8 of the administrative proceedings law, "§"§ the 3-7 social legislation of the X and "§"§ the 111-117 of the tax code.

A Unterfall of the legal assistance is e.g. the execution assistance.

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