Subject and Keywords:
administrative proceedings ; exchange agreement ; law and administrative proceedings ; contribution law ; forms of public administration ; settlement agreement ; subordination law agreement ; administrative contract correctness ; defectiveness ; administrative law agreement ; administrative act ; invalidity ; urban planning law ; coordination law agreement ; administrative agreement
Administrative (administrative law) agreement, belonging to the category of public-law agreements, is one of the forms employed by the public administration of the Federal Republic of Germany, in addition to the normative act, the administrative act, the civil law and factual acts agreements. The administrative agreement was initially approved by judicial decisions, and since 1976 by the Law on Administrative Proceedings (VwVfG), introduced into the country’s legal system. The separation between administrative and civil law agreements is based on a subject criterion. The administrative agreement has for its purpose to execute the norms of administrative law, it includes the obligation of the public administration authority to issue an administrative act or replaces such an act and the mutual obligation of the other party to the agreement – a private or public entity. Due to the general nature of legal regulations in relation to the administrative contract, the provisions of the Civil Code apply accordingly. The basic types of administrative agreements according to VwVfG are: coordination law agreement, subordination law agreement, exchange agreement and settlement agreement. In addition, there are other types of administrative agreements regulated by substantive administrative law. The administrative agreement is most often used in the area of urban and building law regulation, which also regulates the special urban agreement. As part of the procedure, certain elements of the administrative agreement have been transferred to practices employed by contribution administration authorities. In the assessment of the correctness of an administrative law agreement, the legal admissibility of its conclusion and its formal and material legality are taken into account. The criteria for the assessment of the agreement partly overlap with the criteria for the assessment of the administrative act. A gross violation of the legal requirements for the conclusion of an administrative agreement results in its invalidity.