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» Economics » General administrative law » Topics begins with R » Revocation (act of administration)

Page modified: Tuesday, July 12, 2011 23:32:50

The revocation in accordance with "§ 49 VwVfG marks the abolition of a legal act of administration after German administrative proceedings right.

If the conditions for a cancelling should not be present after "§ 48 VwVfG with an illegal act of administration, "only quite" a revocation is possible to "§ 49 VwVfG. For the revocation VwVfG is responsible the locally responsible authority in accordance with "§ 49 V, even if the act of administration of another authority became to issue. The citizen can set a request at any time at the authority to revocation and also sue the authority for it.

A revocation of a loading act of administration is in principle always possible in accordance with "§ 49 I VwVfG, unless an identical act of administration had to again be issued immediately or the revocation for other reasons is inadmissible.

For favouring acts of administration "§ 49 II VwVfG regulate finally a catalog of cases, in which a revocation is permissible. It concerns cases, in which a confidence of the citizen could not develop (e.g. because the authority reserved itself the revocation), or around such, in which the public interest outweighs clearly. "§ 49 III VwVfG, which are particularly cut to such supporting measures, contain special revocation reasons for favouring acts of administration, which have money or divisible contributions of equipment to the article. To all revocation reasons "§ of the 49 II, III VwVfG in period of one year applies accordingly after "§ 48 IV VwVfG.

A reclaim takes place via act of administration in accordance with "§ 49a VwVfG. If a confidence worthy of protection should have existed, the citizen can place a request for remuneration in accordance with "§ 49 VI VwVfG at the authority.

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