Restoration of administrative justice in the French occupation zone of Germany and the western sectors of Berlin after 1945: historical and legal aspects

Abstract

The article is devoted to the problem of restoring administrative justice in the French occupation zone of Germany and the western sectors of Berlin after 1945. In each of the four occupation zones, this process took place with its own characteristics. But in each case, the restoration of administrative justice in various occupation zones was facilitated by previous historical and legal experience. Even before the Weimar period, administrative courts actually existed in most of the lands of the German Reich, but administrative legal protection at that time was not guided by any single concept, but rather offered a mixed system of administrative justice. The subject of disputes was the problem of subordinating administrative justice to the current administration or the courts. Depending on the solution of this problem, the administrative justice of each of the lands showed certain features. On the basis of this experience, administrative justice was restored in the respective occupation zones of Germany after the seizure of power by the National Socialists on January 30, 1933 and their defeat in the Second World War.
 The French occupation zone was formed from parts of the American and British occupation zones, which included heterogeneous administrative units - the southern part of the former Prussian Rhineland, part of the Prussian province of Nassau, Rheinhessen, the Saar region, the former Bavarian Palatinate, Southern Baden, Southern Württemberg, Hohenzollern and of the Bavarian district of Lindau. The states of Rhineland-Palatinate, Baden and Württemberg-Hohenzollern were formed from them, and the Saar region, later Saarland, began to develop independently. The Bavarian district of Lindau, which rejoined Bavaria on September 1, 1955, was at that time autonomous and under the guardianship of Württemberg-Hohenzollern.
 The order of the General Administrator on the restoration of administrative justice in the French zone of July 23, 1946 provided for the restoration of the administrative courts of the states of Baden, Württemberg, Hesse-Pfalz and Rhineland-Hessen-Nassau. Regarding the composition of the courts, their jurisdiction and procedure, the provisions that were in force until January 30, 1935 were applied. In Saar, the creation of administrative courts was provided for by a separate order.