Administrative Litigation in Germany

The German administrative litigation system in its modern form emerged in the second half of the nineteenth century in Baden and Prussia, alongside the establishment of the first independent administrative courts in 1863. ¹ Before this period, a clear differentiation between private and public disputes did not exist and no separate review of administrative matters by courts was provided. ² In its early stages, this ‘modern form’ was characterized by the separation between adjudication and administration, ³ an extended but still enumerated jurisdiction of the courts, and the guaranteeing of the equal procedural rights of citizens. ⁴ This shift was due to the emergence of the rule of law in the state–citizen relationship, the increasing recognition of human rights, and a growing demand to protect and legally enforce them. ⁵