Law
Peter Baumeister
Der Beseitigungsanspruch als Fehlerfolge des rechtswidrigen Verwaltungsakts
[The Right to the Abatement of a Nuisance as a Result of an Illegal Administrative Act.]
139,00 €
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including VAT
cloth
ISBN 978-3-16-148560-2
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Published in German.
German administrative law has a large number of rules which ensure that, in spite of their illegality, administrative acts do not need to be rescinded. Since these rules were created, there have also been a large number of objections from a constitutional standpoint. In this work, Peter Baumeister attempts to cover the entire subject. He does this from the standpoint of entitlement, which is violated by the administrative act. As a reaction, this violation of the law results in the right to the abatement of a nuisance, the basis of which, according to the author, can always be found in fundamental rights as the entitlement of each person to defend himself. Against this backdrop, and after defining the preconditions of illegality and violation of the law, the author takes a critical look at the individual legal restrictions to and exclusions of the right to the abatement of a nuisance, taking the guidelines of European Community law into consideration.