Concept and significance of “stations” in administrative law
General definition of stations in the legal system
The term “stations” in the German legal system refers to various self-contained segments within a training or continuing education process, which are typically associated with specific learning content and practical activities. In the context of administrative law, “stations” particularly relate to the sequence within the legal traineeship (Referendariat) that aspiring legal professionals undergo, as well as to procedural and administrative law structuring within the workflows of authorities or courts.
Historical development of the term “stations”
Historically, the meaning of the term developed especially through reforms of the legal traineeship and administrative procedures. As early as in the Prussian legal traineeship, stations were implemented as individual training segments to ensure a sound and practice-oriented preparation for the second state law examination.
Stations in the legal traineeship with a focus on administrative law
Structure and process of in-station training
The legal traineeship consists of various stations aimed at acquiring practical skills in different areas of law. The administrative station, usually the second major station during the traineeship, holds particular significance.Typical sequence of the administrative station:
- Duration: Generally three to four months.
- Content: Practical work at an authority (e.g. district government, ministry, district office, city administration).
- Objective: Conveying knowledge of administrative law, providing insight into administrative procedures, decision-making, and file processing.
Legal framework of the administrative station
The design of the administrative station varies according to the federal state, largely governed by the respective training and examination regulations for lawyers (JAPO). These regulate:
- Selection of training positions
- Obligations of legal trainees
- Training content and examination modalities
- Assessment and evaluation by the administrative authority on duty
Rights and obligations during the administrative station
During the administrative station, legal trainees are subject to specific rights and obligations:
- Right to training supervision: Entitlement to guidance and professional support by employees of the authority.
- Obligation of confidentiality: Confidentiality regarding internal matters (§ 37 BeamtStG, applied accordingly).
- Duty of diligent work performance: Carrying out assigned tasks to the best of their knowledge and belief.
Training content and practical activities
The practical training within the administrative station focuses on:
- Application of the Administrative Procedure Act (VwVfG)
- Participation in administrative acts and objection proceedings
- Involvement in hearings, discussions, and meetings
- Drafting notices and expert opinions
Stations in administrative procedural law
Stations as structuring elements within administrative procedures
In administrative law, the term “stations” also reflects the individual segments within an administrative procedure. The Administrative Procedure Act (VwVfG) distinguishes essential phases that can be regarded as stations:
- Application or initiation ex officio
- Investigation stage (duty of ex officio investigation)
- Hearing of the parties (right to be heard)
- Decision-making and issuance of the administrative act
- Legal remedy proceedings (objection and court proceedings)
Each of these stations is associated with specific regulations, rights, and procedural guarantees for the parties involved. Particularly noteworthy is the significance of the hearing, which protects the right to be heard and rights of participation (§ 28 VwVfG).
Stations in administrative court proceedings
Stations can also be identified in the course of administrative court proceedings:
- Filing of the lawsuit (§§ 81 ff. VwGO)
- Preliminary proceedings / objection proceedings (§ 68 ff. VwGO)
- Proceedings on the merits, including oral hearing
- Remedies (appeal, revision)
Significance and function of stations in administrative law
Didactic and practical function in training law
Stations serve to convey practical skills, deepen theoretical knowledge, and foster the independent solution of legal problems. In the field of administrative law, the administrative station also lays the foundation for understanding public administration and practical case management.
Structure and legal protection function in administrative procedures
Within administrative procedural law, individual procedural stations ensure transparency, traceability, and legal protection in the exercise of official authority. Clearly delineated stations better safeguard the rights of those involved and reduce manipulation or mistakes in administrative proceedings.
Relevance of stations for examination and practice
Significance in examinations
Experiences and knowledge gained during administrative stations are regularly subject to examination in the second state law exam. The skills acquired there flow directly into the assessment and have a considerable influence on later career choices and specialization.
Practical relevance and career path
Intensive engagement with the various stations, especially in administrative law, lays the foundation for positions in authorities, ministries, public administration units, or institutions with a focus on administrative law.
Summary
The term “stations” in administrative law has a dual meaning: it describes both the individual segments within practical training as part of legal preparatory service and the structuring points within administrative law proceedings. The respective stations are characterized by specific legal frameworks, didactic aims, and procedural standards. On the one hand, they guarantee solid competence acquisition during training, and on the other, structured, rule-of-law, and reviewable administrative procedures. In both senses, stations enhance transparency, traceability, and the quality of both training and administrative activity.
Frequently asked questions
What is the significance of the right to be heard in administrative law stations?
The right to be heard in administrative proceedings (§ 28 VwVfG) constitutes a fundamental right of participation for affected parties. Before issuing a burdensome administrative act, the parties must be given a mandatory opportunity to comment on the facts relevant to the decision. In administrative law stations, this means that the respective authority formally informs the affected person about the intended measure and gives them a reasonable deadline for submitting comments. Violation of the right to be heard may lead to the illegality of the administrative act, unless remedied pursuant to § 45(1) no. 3 VwVfG. It is particularly important in the stations to pay attention to the form, scope, and content of hearings, as well as to possible exceptions, such as imminent danger or where a hearing is obviously unnecessary. In practice, documentation of the hearing is also relevant for later judicial review.
What role does the authority’s discretion play when handling administrative law cases?
In administrative law, a distinction is made between bound and discretionary administrative action. Where discretion is granted—established by terms such as “may,” “is permitted,” or “is authorized”—the authority must reach an independent decision within the legal framework. For those undergoing stations, it is crucial to examine the exercise of discretion in accordance with § 40 VwVfG and the principles of purpose and proportionality, and to present this comprehensively and traceably in the legal assessment. This includes distinguishing between the decision whether to act and the choice of how to act. Errors in exercising discretion, including taking into account irrelevant considerations or undue limitation of discretion, are significant for assessment reports as they can result in annulment or modification of the administrative act.
What must be observed in fulfilling the obligation to give reasons for administrative acts?
According to § 39 VwVfG, burdensome administrative acts must generally be accompanied by clear and complete reasons. This includes stating the underlying reasons as well as the main legal and factual considerations. The obligation to give reasons serves to protect the affected party, promotes transparency, and enables effective legal redress. In terms of stations, the requirements for reasoning are particularly relevant when discretionary decisions are made or deviations from the standard occur. Exceptions to the reasoning obligation—such as in the case of oral and immediately enforceable administrative acts—must also be explicitly addressed and legally presented without error. A missing or inadequate statement of reasons can render the notice contestable, although remedy is possible under § 45 VwVfG.
How is the public announcement of an administrative act to be assessed legally?
As a rule, an administrative act must be notified to the individual affected in accordance with § 41 VwVfG. Public announcement by posting, publication in official gazettes, or digital media under § 41(3) VwVfG is permitted only if prescribed by law or if a larger, indeterminate group of persons is affected. In particular, the date of announcement must be documented, as this determines the commencement of time limits for legal remedies. In administrative law stations, one must examine whether the conditions for a public announcement are present, whether form requirements have been met, and what legal effects improper or omitted announcement has on the effectiveness of the administrative act.
Which deadlines are particularly important in administrative proceedings?
Deadlines play a decisive role in administrative law, especially regarding the filing of legal remedies and the limitation of claims. Key deadlines are stipulated, inter alia, in § 70 VwGO (filing the objection within one month after notification of the administrative act), § 58 VwGO (application for restoration to the previous status), as well as in special statutory provisions. Deadlines for processing and decisions by the authority are also relevant, in particular regarding notices with deadlines or inaction lawsuits (§ 75 VwGO). In stations, it must be demonstrated how deadlines are calculated (commencing on the day after notification), the legal consequences of missing a deadline, and whether reasons for restoration or deadline extensions exist.
What formal requirements must be observed when issuing administrative acts?
According to § 37 VwVfG, administrative acts may generally be issued in writing, electronically, orally, or in another form, unless specific formal requirements exist. In practice, however, administrative acts are mainly issued in writing. It must be ensured that written form requires the personal signature of the responsible person or an electronic signature, electronic administrative acts must comply with § 3a VwVfG’s technical standards, and in the case of oral acts, the essential content must be recorded. Special attention must be paid to correct addressing, proper selection of the recipient (“correct addressee”), correct dispatch, and if necessary, the inclusion of correct information on legal remedies. Breaches of formal requirements may render the administrative act void (§ 44 VwVfG) or contestable.