Protection of Subjective Public Rights in Administrative Court Proceedings in the Federal Republic of Germany

Abstract

The article considers the issues of constitutional regulation of judicial protection of the rights of citizens in the administrative process of the Federal Republic of Germany, presents the concept and meaning of subjective public law, and discusses problems associated with its establishment. It is noted, in particular, that subjective public law recognizes the citizen as a subject of law, gives him the right, in order to pursue their interests, to independently demand compliance with the law from the public authority, and thus determines the key way the legal relations that develop between the citizen and the state, ensuring their equality in court. The existence of subjective public right of a citizen is a necessary prerequisite for the admissibility of an administrative action, which makes it possible to exclude so-called “popular claims.” Subjective public law applies if there is a legal norm that obliges the public administration to take a certain action (legal obligation of the public administration) and this norm is intended, at least in part, to protect the interests of individual citizens (individual interest). The legal positions to be protected may derive from legal provisions contained in ordinary laws, customary law, and constitutional law, in particular fundamental human rights.