The public administration is a part of the executive. It is active in most social areas.
Administration can be divided in order and service administration, economically active administration and political, organizing administration.
In particular within the range of the organizing, political administration a close contact to the government exists. The importance of the government is based, among other things, on its possibility to use the expert knowledge of the administration.
In its acting the administration moves in the context between the laws and the political defaults of the government.
The laws of the Federation and the Laender are implemented by the administration. Different variants can be differentiated.
Kinds of law execution
Laws will be executed in the following ways:
- Execution of federal law by the administrations of the Laender as own affair (Article 83 GG
Here the Federation has influence possibilities by administrative regulations and the possibility of the legal supervision.
- Execution of federal law by an own federal administration (Article 86 GG)
An own Federal Administration is only established in few parts for example in the financial administration
- Execution of federal law by the administrations of the Laender on behalf of the Federation (Article 85 GG)
Here the Federation has extensive influence possibilities over the Laender, with the right of special supervision as well as the possibility to specify the administrative proceedings.
- Execution of laws of the Laender by the administrations of the Laender (Article 30 GG)
Here the Federation does not have any influence on the Laender
The Länder shall execute federal laws in their own right insofar as this Basic Law does not otherwise provide or permit.
Article 85 I
Where the Länder execute federal laws on federal commission, establishment of the authorities shall remain the concern of the Länder, except insofar as federal laws enacted with the consent of the Bundesrat otherwise provide.
Where the Federation executes laws through its own administrative authorities or through federal corporations or institutions established under public law, the Federal Government shall, insofar as the law in question contains no special provision, issue general administrative rules. The Federal Government shall provide for the establishment of the authorities insofar as the law in question does not otherwise provide.