Municipal Tax Law
One area of our services in administrative law includes full-service relating to municipal tax law. Municipal charges are the cash payments that are compulsorily made to cover the public financial needs of a public-law entity. All municipalities, cities, districts or associations of municipalities in Germany are entitled to levy them on persons or companies established in their catchment area. Municipal charges are essentially split up into
- municipal taxes: such as trade tax and real estate tax, which may vary depending on the municipal statutes.
- Fees: payments that are incurred as a result of services provided by a public corporation or for the use of public facilities. These include user fees such as radio licence fees or fees for waste collection, but also general administrative fees, e.g. for notarisation or permits.
- Municipal contributions and charges: reimbursement of expenses for the use of a specific service provided by a public institution. This includes, for example, costs for the development of building plots and local tourist tax.
In this area of tax law, it can often be unclear whether the amounts and fees have been calculated correctly. It is an area in which mistakes often occur. In addition, it may be doubtful whether a payment was appropriate in the specific individual case, e.g. if payment is to be made for a non-functional facility, or unjustified development contributions are demanded.
Since the municipal statutes on municipal charges can always change and administrative practice and jurisdiction are therefore subject to rapid change, it is recommended to engage an attorney for administrative law to defend against an unlawful tax assessment notice. As an administrative act, a tax assessment notice can first be challenged with an objection to the authority.
Once the objection procedure has been completed and the authority has issued an objection notice, you can then take legal action before the administrative courts. In this way, an illegal tax assessment can be challenged and at the same time the legality of the tax statutes can be reviewed. Our lawyer Jürgen Klunker is available to you at any time for extrajudicial advice on all questions of municipal tax law and for the judicial defence of payment claims arising from public tax assessments.
Examination Law and Challenges under Administrative law
As part of administrative law, examination law is another legal field in which we offer our legal services. In particular, we will assist you in disputing school-leaving exams, university examinations and examinations for further vocational training. This is because serious errors can creep in at many levels during the evaluation of examination performances, which can make the examiners’ assessment incorrect and illegal. The following errors can be decisive for an examination challenge:
- Violations of the examination regulations: if the prescribed examination time was not adhered to or if a recording of the oral examination provided for in the examination regulations did not take place
- Infringements of the general administrative procedure: where the examiner is biased or where no reasons are given for an evaluation decision
- Deficiencies in the content of the performance evaluation: if subjects are examined which are not provided for in the examination regulations or if an inserted text supplement is disregarded, as well as arithmetical errors when determining the score
This list is by no means exhaustive but is only intended to provide individual examples. In any case, it is evident that auditors can often make considerable mistakes in the evaluation of examination performances.
For high school graduates, students as well as professionals in further education, final examinations are of great importance for their future career path. Therefore, an examination appeal should definitely be considered if such an error is known or suspected. If you need further information on how to contest an examination and you feel the need to check whether your examination can also be contested or whether the assessment was erroneous, please contact our lawyer for administrative law Jürgen Klunker.
Right of Way Law and Public Streets & Roads Law
Public streets & roads law regulates the legal relationships of roads, paths and squares dedicated to general traffic and ensures the safety and ease of public transport. It is legally determined by the respective public street and road laws of the individual states and by the federal regulations for federal highways (FernStrG). The powers of the municipalities also include planning, construction, commissioning, use and imposition of road construction loads and thus, for example, maintenance and winter clearance services with regard to public roads, paths and squares. Some disputes with the administrative authorities may also arise in this area.
Conflicts arise, for example, when a dedication administrative act restricts the rights of an owner or authorised user because he or she must tolerate common use on his or her property. We advise and represent you as the affected beneficiary or property owner in the defence against the public dedication of your land and in the corresponding legal action against incriminating acts of dedication or disposition. We also check the legal situation regarding specific roads and paths in your area and obtain special rights of use under road law.
Immigration Law and Administrative Law
Immigration and residence permit law also interacts with administrative law. This legal field is characterized by a multitude of possible and necessary administrative procedures. Our team of lawyers for German immigration law advises and represents both private individuals and companies in all questions that may arise in connection with the immigration and residence permit law. From visas for job seekers and EU Blue Cards to residence permits for investors and family reunification in Germany we offer comprehensive legal services.
We offer our services in foreigners and residence law in general in the following areas:
- business immigration
- Labour Migration
- corporate migration
- Family immigration and reunification
- Applying for citizenship
- Application for visas and residence permits
Should you require more detailed information on the law concerning foreigners and residence, please visit our immigration law homepage or use the contact form below this article to contact our lawyers personally.
Public Buildings and Administrative Law
Public building law is part of special administrative law and consists of many federal and state regulations (building planning law according to the Federal Building Code and building regulations according to the building codes of the respective states), as well as municipal statutes. These regulations regulate the legal relationships to building facilities between the citizen or a company and the state. Accordingly, the construction, removal, alteration or change of use of a building structure must first be approved by the municipality as the responsible building supervisory authority.
There are some exceptional cases in which a building project is permitted without further adjustments or hindrance. In principle, however, the obligation to apply for a building permit in advance still applies. Disputes in public building law can arise between the building owner and the building supervisory authority, but also between the building owner and neighbours of the land to be built on or communities of interest. We offer our comprehensive legal services for each interest group and accompany you throughout the entire process.
As a builder-owner we can offer you the following consulting and support services for disputes in public building law:
- Checking the admissibility of the construction project at every stage, from the initial planning stage and when purchasing a plot of land
- Application and assertion of the building permit at the building supervisory authority
- Obtaining building permission or contesting conditions in administrative court proceedings
Furthermore, we support neighbours and interest groups in their efforts to defend themselves against the construction, alteration or change of use of a disturbing building. Our services include:
- Checking the building project for its permissibility, in particular with regard to compliance with clearance areas, fire protection and compatibility with the rest of the building area
- Representation in and out of court in proceedings against the applicant and the building supervisory authority
- Enforcement of any claims for compensation
The legal matter of public building law, which is characterised by fast-moving case law and a multitude of different building regulations, can be very confusing and complex. Furthermore, the admissibility of a building project always depends on a detailed examination of the special circumstances of the individual case, so that the appointment of a lawyer for administrative law and public building law is highly recommended in such disputes.
Administrative Law Advice in Germany
A legal conflict with municipal and state bodies can be a challenge. This is especially the case when someone has come from abroad and might not know the intricacies of German law. However, this is where having an administrative lawyer in your corner is of the utmost importance. Our lawyer in the field, Herr Jürgen Klunker, will guide you through your dispute. He will be by your side if the case reaches the courtroom but will also guide you in cases which are settled outside of court. Contact him today by using our contact form below this article.
At Schlun & Elseven Lawyers we provide our clients with comprehensive service. From our offices in Cologne, Aachen and Düsseldorf, as well as our conference facilities in Berlin, Hamburg, Munich, Stuttgart and Frankfurt, we advise clients from all over the world. Should you find yourself in need of legal counsel in the field of German administrative law, look no further than our lawyers.