Die Auswirkung von Verfahrensfehlern auf die Rechtsbeständigkeit von Ermessensentscheidungen (Europäische Hochschulschriften Recht) (German Edition) [Paperback] Diekötter, Ulrich
Administrative procedural law has a guarantee function for the lawful and appropriate decision of the authority in law enforcement. However, it is not an end in itself, but serves the truth of the decision. The question arises, however, whether ensuring the legal validity of administrative acts against procedural deficiencies that are insignificant for the substantive decision also applies to discretionary decisions. Taking into account the latest changes in the law, the work from the 46 VwVfG, 42, 113 VwGO develops differentiated solutions. Especially in the case of third party contestations, the incorrect decision should only be reversed if it is certain that it could not be made again.
About the author
The author: Ulrich Diekötter was born in Lüneburg in 1962. 1985-1989 studies at the LMU in Munich; 1990-1993 legal preparatory service; since 1993 lawyer in Munich; Part-time doctorate 1993-1997.