The principle of objetivity en Alemania

Abstract

Neither the German Constitution nor the German administrative law include a written principle of objectivity. Nevertheless, there can be rules identified, which are aimed to assure the objectivity of administrative action; for example the procedural principle of impartiality, which has its constitutional basis in the Rule of Law. In substantive law, the objectivity of administrative actions is assured inter alia by the rules concerning the exercise of discretionary power, the possibility to add secondary obligations to administrative acts and the rules regarding public contracts; all of these norms are subordinating administrative action to the objectives pursued by the legislator. Sector specific duties of objectivity and neutrality can be identified inter alia in the jurisprudence concerning official warnings or the grant of subsidies. Finally, the neutrality of the administration is a major issue in educational law and in the law of the civil service.