German Law of Administrative Court Procedure: an Overview

Abstract

The authors take the all new Code of Administrative Court Procedure (2015) of the Russian Federation as an occasion to provide a brief overview of the legal situation in Germany. From what the authors learned, both corresponding statutes represent a truly different approach in some areas while they notably concur in others. First, the article presents the general procedural requirements that every action must meet. Consequently, the authors illustrate the major types of action under German law, including the action for rescission and enforcement of administrative acts, the action for rescission of normative acts of the administration, the action for performance or injunction and the action for a declaratory judgment. Every action is accompanied by corresponding summary proceedings that cover urgent situations in what the law thinks of as the most appropriate way. Moreover, German law of administrative court procedure provides for different types of appeals, depending on the nature of the impugned decision. The main purpose of this article is to initiate a mutual discussion on the topic that may improve both sides’ understanding of the subject matter.