Application of Parameters of Working Efficiency in Matters of Local Importance and Municipal Standards in European Countries

Application of Parameters of Working Efficiency in Matters of Local Importance and Municipal Standards in European Countries

A. General outline

B. Potential legal capacity for individuals to apply to courts in solutions of matters of local importance
I. Potential legal capacity in German law for individuals to apply to courts in solutions of matters of local importance
1. Overview about administrative actions
a) The admissibility of an administrative action
b) The reasonableness of an administrative action
2. Administrative legal protection
3. Possible complaints against insufficiency in solution of matters of local importance
a) Action of opposition
aa) Criteria for the admissibility of an action of opposition
bb) Criteria of the reasonableness of an action of opposition
b) Action for a declaratory judgement
aa) Criteria for the admissibility of an action for a declaratory judgement
bb) Criteria of the reasonableness of an action for a declaratory judgement
c) Judicial review
aa) Abstract and concrete judicial review
bb) Judicial review according to § 47 VwGO
4. Possible complaints against the failure to act of municipal authorities in solution of matters of local importance
a) Action for commitment
aa) Criteria for the admissibility of an action for commitment
bb) Criteria for the reasonableness of an action for commitment
b) Action for performance
aa) Varieties of an action of performance
(1) Action for conduct
(2) Action for omission
bb) Criteria for the admissibility of an action for performance
cc) Criteria for the reasonableness of an action for performance
5. Constitutionality of administrative actions
a) Discretion
aa) Types of discretion
(1) Discretion of ruling
(2) Discretion of assortment
bb) Margins of discretion
(1) Failure of discretion
(2) Misuse of discretion
(3) Exceedance of discretion
b) The right to be heard
c) Bias
II. Potential legal capacity in English law for individuals to apply to courts in solutions of matters of local importance
1. Judicial review
a) The scope of judicial review
b) The limits of an Administrative Court's role
c) The grounds for judicial review
aa) Illegality
(1) Decision maker acting ultra vires
(2) Unlawfully delegating power or fettering discretion
(3) Taking into account irrelevant considerations
bb) Irrationality
cc) Procedural Impropriety
(1) Failure to give each party to a dispute an opportunity to be heard
(2) Bias
(3) Failure to conduct a consultation properly
(4) Failure to give adequate reasons
(5) Legitimate expectation
2. Other potential claims

C. Communal supervision of efficiency, resulting capacity and sufficiency in solution of matters of local importance
I. Communal supervision of efficiency, resulting capacity and sufficiency in solution of matters of local importance in Germany
1. Meaning of the supervision
2. Competent supervisory authorities
3. Types of supervision
a) Legal supervision
b) Functional supervision
II. Communal supervision of efficiency, resulting capacity and sufficiency in solution of matters of local importance in Austria
1. Competent supervisory authority
2. The content of communal supervision
3. The scope of communal supervision