Rechtsaufsicht

Rechtsaufsicht, or legal supervision, is a form of state oversight of public administration aimed at ensuring that the actions and decisions of lower authorities comply with the law. It is exercised by a higher-level authority, such as a ministry or a state-level administration, and its primary purpose is to guarantee the legality and proper application of legal norms across public institutions.

The scope of Rechtsaufsicht includes reviewing administrative acts, decisions and programs to verify their conformity with constitutional and statutory requirements. It often operates alongside other forms of supervision, such as Fachaufsicht (subject-specific oversight) and Dienstaufsicht (supervision of civil servants). The methods used can include issuing instructions, demanding changes to decisions, or, in some systems, suspending or reversing specific acts to correct illegality. The exact powers vary by jurisdiction, but the overarching goal is to prevent violations of law and to harmonize administrative practice with legal standards.

Typical contexts for Rechtsaufsicht are municipal administration, educational authorities, licensing bodies, and other public institutions that operate under state or federal law. In many federal systems, municipalities and their agencies are subject to Kommunalaufsicht, a form of Rechtsaufsicht that ensures local actions comply with higher-level law and policy. Rechtsaufsicht does not substitute for judicial review; individuals can challenge administrative decisions in courts, while Rechtsaufsicht serves as an early or ongoing mechanism to keep public power within legal bounds.

In practice, Rechtsaufsicht supports uniform administration and legal accountability, balancing the independence of administrative bodies with the obligation to act lawfully and to correct errors in administrative action.