English Translation

It should no longer have a judicial character, should not be enthroned by the administration, but should exercise a special function in the administration; it should be a matter for the administration of its own, and therefore a constant exchange of judges between the practical administration and the administrative court and back. This main principle comes from the Führer's Decree on the establishment of the Reichsverwaltungsgericht and appears in a completely clear way as the main topic in all oral and written treatises on the administrative jurisdiction of relevant personalities in the Reich /Reichsminister Dr.Frick, State Secretary Dr.Stuckart, President of the Imperial Administrative Court Summer etc. / and in the new literature on administrative jurisdiction /Poppitz. Huber. Pfeifer etc./. Whether one aligns more or less in the Protectorate, one simply cannot stand against a clear development. Upstairs of thought exclude justice judges not completely from the administrative jurisdiction, but no longer allow the coercion of a key schematic consideration. III. In the Protectorate, there are also special reasons for removing the key: the Czech official has an affection for formalism and respect for procedural requirements, but often a certain aversion to go into the matter himself. To support this formalism not yet by excessive emphasis on judicial procedures of similar kind, but to loosen up in the opposite part, is a main task of the German administrative judge and here to act as an educator, can always only be done by reference to the German administration court. On the one hand, however, it is not possible to refer again and again to the imperial administrative court, in particular also on the occasion of the amendment and on the other hand for 7o years against provisions like the key, after it fell in the Reich and above all in the whole of the other earlier area of application of the Austrian law of the year l875, still further artificially maintained here. Finally, from a national political point of view, the key is a complication in the appointment of administrative judges.