English Translation

the need for the state to preserve and secure the only task of government and administration. The Court therefore takes the view that a state-political administrative act cannot be challenged with success in the administrative dispute proceedings." 1) As a result, the same was achieved as under Section 7 of the Prussian Act on the Secret State Police of 10.2.36. In accordance with this rule, the Hamburg Oberverwaltungsgericht also makes the admissibility or inadmissibility of the administrative dispute proceedings dependent solely on the state police nature of the measure, not on whether the measure was based in individual cases on an authority of the secret state police or an ordinary police authority. 6. The fact that this view corresponds to the will of the political leadership of the empire is also not questioned by the silence of the Reich legislation. It has already been pointed out at the outset that since the secret state police established themselves according to the assumed Reichsaufbau by the governments of the German countries and at that time took a considerably different position according to countries, it was initially a question of a country legally too decisive. It was not until 1936 - 1938 that the expansion into the Reichsorganization was carried out according to the model of the existing Prussian organization. Thereafter, however, there was no sufficient reason to prejudge this particular question from the general legal order of the law of the secret state police, which is now to be created by law, since in particular a substantially consistent practice in the sense of the Prussian solution had arisen. The decision of the Badische Verwaltungsgericht (administrative court) of 11.1.38 2, cited above, is the only decision of a German administrative authority to the contrary published since then- 1) Hamb.VG.v.7.10.1936,p.543 = RVbBl.1935,p.1045 = D.J. 1936,5.187. 2) See above p. 28 f.