Federalny aparat rządowy i jego stosunek do administracji krajowej w Republice Federalnej Niemiec

Abstrakt

The Author discusses the position of the government in the system of government of the Federal Republic of Germany. This subjects is thoroughly developed in two esseys published in "Studia Prawnicze". This study, the first one, presents the structure of the federal governing apparatus (part I) and its relationship to the administration of the lands (part II).

In the analysis of the structure of government the Author takes as a starting point three constitutionally esablished principles: the principle of competence of the chancellor to give guidelines of the government policy binding the ministers; the principle of one-man management of the government departments by the ministers; the principle of taking decision in controversial issues by the government sitting in plenary sessions and under the chancellor's leadership. The Author presents the ways of understanding and applying these principles in practice of the governing apparatus (its organization and activities). On this background he discusses also so called trials to modernize the governing apparatus and the reasons of the decline of modernizing tendencies after 1975.

While discussing the collective style of work of the government the Author stresses the working character of the cabinet's sessions as well a highly limited use of the government committees as bodies which competences go beyond the government departments. He presents also the evolution of the role of the chancellor's office and its significance as far as the organization of the work of the government is concerned, in view of the lack of competences reaching beyond the government departments. Further on the Author discusses the activity of particular government departments as well as he forms of cooperation in between them aimed at solving more complex problems.

In the second part of the study the Author deals with the problem of coo¬peration between the federal apparatus and he governments and administration of the lands, which creates in the Federal Republic of Germany a specific form of "cooperating federalism". He also points out the direction of evolution deepening this cooperation by the increasing number of common tasks and mechanisms of cooperation in the process of carrying out such tasks. The correlational structure of the administrative sovereignty of the union and effective participation of the governments of the lands — by way of deciding by the council of the union — in creating federal legal rules, executory orders and administrative instructions are also taken into consideration.

The Author points out various levels of cooperation, formal as well as informal, trying to define the role of the mechanisms of cooperation in the process of carrying out the federal tasks. By way of this analysis the Author tries to present the mechanism now known as „politische Verfelchtung"