Mittelbare Bundesverwaltung durch öffentlich-rechtliche Stiftungen – Ein praxisbezogener Bericht zu Fragen der Planung und Gründung

Abstract

In the past few years, the Federation has made increasing use of the legal form of the foundation in order to secure the long-term future of specific activities or projects. This is a noteworthy development because, on account of Germany’s federal structure, the Federation does not have general legislative and administrative competence. The delegation of tasks from the Federation to a foundation under public law is subject to specific legal requirements. Firstly, the Federation can only establish foundations under public law for tasks that fall within its legislative remit. Secondly, foundations under public law, as part of the indirect federal administration, need to comply with legal requirements resulting, for example, from fundamental rights or from budgetary, personnel and public procurement law. Using the concrete example of the “Law Forum Foundation”, which was established in 2019, we will examine some of the aspects involved in more detail. Since the establishment of a new foundation under public law is a complex endeavour in practice, it is advisable not to exclude alternative forms of action prematurely. If a foundation under public law is to be established, it should be ensured that sufficient personnel and financial resources are available for the foundation and development phase.