Die Klagebefugnis als gesetzliches Regulativ des Kontrollzugangs

Abstract

Fifty years after the German Statute on Administrative Courts entered into force the limits to court access are controversial. The traditional definition of standing based on the theory of protective norms is challenged, mainly with respect to the influence of EU law. A thorough analysis of all clauses on standing reveals that three fields have to be distinguished. The primary function of administrative courts is the protection of individual rights, according to Art. 19 (4) Basic Law. These access rights are defined by the legislator, but often require interpretation in light of basic rights and EU law. A second set of rights is recognised in relation to the independent parts of public administration, e.g. in order to protect the autonomy of local government or the powers of collegial organs. A third group of rights is granted by special statutes authorising private associations, mainly in environmental law or as regards administrative authorities, to challenge certain decisions in the courts. In that case, the supervisory function of administrative courts is strengthened.