Principles of administrative court procedure with a focus

Principles of administrative court procedure with a focus on the ex officio principle – the German experience Presentation at the conference “Role of Administrative Courts in the application of legal principles” on the 15 th anniversary of the establishment of administrative courts in Latvia, Riga, 6 th September 2019 by Holger Böhmann. Judge at the Federal Administrative Court, Leipzig, Germany

Principles of administrative court procedure with a focus on the ex officio principle – the German experience Content: 1. 2. 3. 4. 5. 6. 7. 8. Introduction Disposition principle Oral hearing and immdiateness of procedure Right to be heard and duty for clarification and information Publicity principle Concentration principle Conviction principle Inquisitorial or ex officio principle

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 1. Introduction European and Union Law National modifications German legal background

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 2. Disposition principle Vs. Inquisitorial principle Disposition on the matter in dispute Redraft or withdrawl of the claim Peaceful settlement Refrain from remedies

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 3. Oral hearing and immediateness of procedure Obligation Legal discussion Exceptions Immediateness

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 4. Right to be heard and the duty for clarification and information Right to the parties, duty for the court Protection for the parties Clarification and determination of the matter on dispute

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 5. Publicity principle Right to a fair trial Access, control by the public Infringements Audio, television or radio recordings

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 6. Concentration principle One court session only Tightening of procedure Instruments Preparatory phase

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 7. Conviction principle Full and free conviction Display of grounds Limitation by legal presumptions

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 8. Ex officio principle Constitutional background Content - Establishment of facts, discretion Instruments and means Ripeness for decision Iura novit curia

Principles of administrative court procedure with a focus on the ex officio principle – the German experience 8. Ex officio principle Practical effects - No formal burden of proof No judgment by default Exceptions and modifications - Certainty of the law Separation of powers Cooperation of and contribution by the parties Prohibitions on taking and the use of evidence

Principles of administrative court procedure with a focus on the ex officio principle – the German experience Thank you for your attention!