English Translation

I. The question of whether an administrative review of state police measures is admissible has not yet been settled by law. Since both the establishment of the secret state police on the German countries, as was the case with National Socialism, and the administrative jurisdiction over police measures were a country-law institution, it was first up to the countries to take up this question and, if necessary, to take legal action. In some countries, namely in Anhalt, Lippe, Schaumburg-Lippe, Oldenburg and Bavaria, the inadmissibility of the administrative dispute proceedings against state police orders arose clearly from the outdated legal provisions. Here there was never any doubt. In particular, the need to extend administrative jurisdiction to state police measures has never been felt here, whereas in all other countries the basic principle that police measures are subject to administrative judicial control is a firm feature of the existing administrative law system. These administrative laws left no room for exceptional political and police measures. The principle also applied in former Austria and was only broken by the laws enacted for the fight against National Socialism, however far. 1) Art.164 of the 1934 Constitution (BGBl.S.255) in Verb.m.Art. 1 § 1 of the Federal Constitution Act of 24.9.34 (BGBl. p.254) as amended by the Federal Constitutional Law BGB1.540/35 and 425/36.