2014 Fiscal Year Final Research Report
A research of injunctions to prevent unlawful administrative activities in Germany
Project/Area Number |
25780021
|
Research Category |
Grant-in-Aid for Young Scientists (B)
|
Allocation Type | Multi-year Fund |
Research Field |
Public law
|
Research Institution | Ritsumeikan University |
Principal Investigator |
MINATO Jiro 立命館大学, 法務研究科, 教授 (00362567)
|
Project Period (FY) |
2013-04-01 – 2015-03-31
|
Keywords | 行政訴訟 / 不作為請求権 / ドイツ |
Outline of Final Research Achievements |
In Germany, a person whose rights are likely to be violated by unlawful administrative activities has a right to prevent such violation. However, an injunction to prevent an administrative act is an exceptional remedy, because an action for the rescission can be filed pursuant to the provisions of the Code of Administrative Court Procedure. In contrast, to prevent administrative activities without legal effects, injunctions are relatively easily available. In Japan, also, a person may have a right to prevent unlawful administrative activities. Unless otherwise provided by law, an injunction should be available, if the plaintiff's rights are likely to be violated.
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Free Research Field |
行政法学
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