Hinderlichkeit

Hinderlichkeit, in the context of German law and administrative practice, refers to the concept of making something difficult or burdensome, particularly in the context of legal, bureaucratic, or procedural requirements. It is often used to describe actions or measures that intentionally complicate or impede the fulfillment of rights, obligations, or administrative procedures without a clear legal justification.

The term is rooted in administrative law and is particularly relevant in discussions about administrative burdens, procedural fairness, and the principle of proportionality. Under German law, administrative authorities must ensure that their actions do not unnecessarily hinder individuals or entities in exercising their rights or complying with legal requirements. Excessive hinderlichkeit can lead to legal challenges, as it may violate principles such as the right to effective legal protection (Artikel 20a Grundgesetz) or the principle of good administration (Artikel 30 Grundgesetz).

In practice, hinderlichkeit can manifest in various ways, such as overly complex forms, excessive documentation requirements, or unnecessary delays in processing applications. Courts and administrative bodies often scrutinize whether such measures are justified by legitimate public interests or whether they serve merely to impede private rights. For example, in cases involving administrative appeals or administrative court proceedings, hinderlichkeit may be grounds for annulling decisions if they are deemed disproportionate or arbitrary.

The concept is closely related to other legal principles, such as the prohibition of discrimination (Artikel 3 Grundgesetz) and the principle of equal treatment. While hinderlichkeit itself is not explicitly defined in German law, it is a recognized consideration in case law, particularly in decisions by the Federal Administrative Court (Bundesverwaltungsgericht) and the Federal Constitutional Court (Bundesverfassungsgericht). These bodies have repeatedly emphasized the need for administrative actions to be fair, transparent, and free from unnecessary obstacles.