The Federal Administrative Court

Video: The Federal Administrative Court – legal rulings with fundamental significance

The Federal Administrative Court is the supreme administrative court in the Federal Republic of Germany. It has its seat in Leipzig. The Court rules on disputes in the area of administrative law, unless another court is competent. In most cases the Federal Administrative Court acts as a court of appeal, deciding upon appeals on points of law. In certain disputes (e.g. the planning of particularly important transport routes or the prohibition of particular associations), the Federal Administrative Court delivers final decisions as the court of first and last instance.

Text version "The Federal Administrative Court – legal rulings with fundamental significance"

Direct quote of presiding judge: "In the name of the people the judgments of the lower instances are amended. The defendant is obliged to review his decision."

The Federal Administrative Court – legal rulings with fundamental significance

The Federal Administrative Court acts as an appellate court dealing with questions of law. Its judgments and decisions act as guidance and ensure a consistent application of the law by public authorities and courts throughout Germany. This means that its decisions must measure up to especially high standards of quality. The work processes of the Court are structured to ensure this goal.
If a case makes it to the Federal Administrative Court, the court registry will assign it a file reference number. The case is assigned to a reporting judge. Claimant and defendant will first explain their positions in writing.
The case is then reviewed based on statutory law, jurisprudence and legal literature. The critical question: did the lower court interpret and apply federal law correctly? Based on the preparatory work of the research assistants, the competent reporting judge drafts a comprehensive decision proposal known as the opinion. Another member of the senate – the co-reporting judge – will then issue a co-opinion. All senate judges receive these opinions and comprehensively familiarise themselves with the case.
Prior to the oral hearing, the reporting judge will present the case in a preliminary discussion and argue his decision proposal. The judges will deliberate on central aspects of the case. In this way, they prepare the oral hearings without making a decision yet.
The court police service prepares the courtroom for the oral hearing. All required files are made available. Direct quote of court police: "Oral hearing in the administrative litigation Mr. Müller vs. the Federal Republic of Germany."
The presiding judge of the senate will chair the oral hearing. Direct quote of presiding judge: "I hereby open the session of the 3rd Senate of the Federal Administrative Court." The reporting judge then presents the facts of the case. Direct quote at the beginning of the reporting: "The claimant seeks approval of a pharmaceutical. He applied for this in 2013." Afterwards, the lawyers file their applications. In proceedings before the Federal Administrative Court, every party to the proceedings must be represented by a lawyer. Public authorities may be represented by their own jurists. The preparation by the lawyers helps with understanding all aspects of the case and the possible consequences of a decision. All legal questions are examined with the parties in this legal discussion which will often go on for hours. The senate will then retire for deliberation.
The judges will again weigh all legal aspects and arguments in a secret final deliberation. Afterwards, the senate decides unanimously or by majority vote. The senate will also often draft a press statement. The presiding judge announces the decision in the courtroom, summarising the major reasons. The press office publishes the press release. Press spokespersons explain the decision to the media.
In the following days, the reporting judge will draft the written judgment. The reasons for the decision elaborate the results of the senate deliberation. This text is discussed and agreed on in the senate. The court registry collates the finished judgment. A court registry employee checks if changes are correctly implemented and if all citations are correct. The judgment is served to the parties. The information services of the Court publish an anonymised version via the Court website, legal databases and magazines for use by the public and the legal profession.
Special rules apply in cases where the Federal Administrative Court is the court of both first and last instance, for example, in decisions about large transport route projects. In order to bring such cases to a speedy conclusion, the law provides for only one instance at the Federal Administrative Court. In these types of proceedings, the Federal Administrative Court is also required to ascertain the facts and to apply the laws of the German federal states. These cases can be very complex. The oral hearing may continue for days. Due to the extent of the required deliberations and the scope of the cases, a separate date will often be set for pronouncing the judgment.
The decisions of the Federal Administrative Court have fundamental importance. The work of the Court is structured to ensure their balance.

Organisation

Organisational structure of the Federal Administrative Court.

Jurisdiction

Conduct and principles of proceedings before the Federal Administrative Court.

International Relations

International work and cooperation of the Federal Administrative Court.

FAQFrequently asked questions

Since when has the Federal Administrative Court been in existence?

The Federal Administrative Court was established in 1953. After the establishment of the Federal Republic of Germany, the Federal legislator passed the Act on the Federal Administrative Court (Gesetz über das Bundesverwaltungsgericht) of 23 September 1952 for that purpose. There was no comparable court in the German Democratic Republic.

History of administrative jurisdiction
What are the tasks of the Federal Administrative Court?
The Federal Administrative Court is the supreme administrative court of the Federal Republic of Germany. It settles disputes in the fields of administrative law unless they are assigned to another court. First and foremost, the Federal Administrative Court is an appellate body for appeals on points of law, which means that it examines whether the rulings of administrative courts and higher administrative courts are consistent with federal law. As far as certain disputes are concerned (for example, regarding the planning of particularly important traffic routes or the prohibition of associations), the Federal Administrative Court rules conclusively as court of first and last instance at the same time.

Further information:
- Jurisdiction
- Administrative Jurisdiction
What relation does the Federal Administrative Court bear to the other courts (e.g. Federal Constitutional Court)?

In addition to administrative jurisdiction, there are four other jurisdictions in Germany: ordinary jurisdiction with civil and criminal jurisdiction, labour jurisdiction, social jurisdiction, and fiscal jurisdiction. The Federal Administrative Court cannot be called upon to adjudicate in constitutional law disputes. The Federal Constitutional Court has jurisdiction in these cases.

Administrative Jurisdiction
Can I visit the Federal Administrative Court?

The public part of the Federal Administrative Court is open to the public during the opening hours. You can visit parts of the building on your own and free of charge. A virtual tour will provide you with information. By previous appointment, the visitors' service arranges for fee-based guided tours through the courthouse (in German only).
What are the opening hours of the Federal Administrative Court?

Hearings before the Federal Administrative Court may be attended at any time. Please note that the proceedings are held exclusively in the German language.

The current opening hours published online and updated at regular intervals apply otherwise, in particular to tours of the buildings. Please note that these may be changed at short notice and check the current opening hours on the day of the scheduled visit for that reason to be on the safe side.
When is the Federal flag displayed at the Federal Administrative Court?

The Federal Administrative Court is a federal institution. Therefore, it displays the Federal flag only on special days in order to draw attention to the particular importance of an occasion. The days for flying the flag are determined in a federal government decree. For more information on flag displays, please refer to the corresponding federal government’s website.