English Translation

In this way, the Prussian Supreme Administrative Court made the question of the administrative investigation of state police measures dependent on which authority, whether from an authority of the secret state police or from an administrative authority of ordinary police, the individual measure was taken. It was logical that all those state police orders which did not originate from the secret state police itself, but from ordinary police authorities, were still subject to administrative review, even if they were received at the request of a state police authority or on the basis of a previous state police measure. After all, this jurisprudence already exempts most of the state police measures from the administrative investigation.The final stone of Prussian development was established by the Prussian Act on the Secret State Police of the 10th century. 3) § 7 of this law states: "Injunctions in matters of the secret state police are not subject to review by the administrative courts." 4) Thus, even for the Prussian Supreme Administrative Court, it was finally made clear by law that the question of the legality of the administrative dispute proceedings against state police orders is not dependent on whether the individual supply proceeds from an authority of the Secret State Police or not, but solely on the material content of the order. No matter from which authority the supply originates, it has as its object state police matters, it is not subject to review by the administrative courts. An action nevertheless brought must therefore be dismissed as inadmissible. 1) Decision of 2.5.35, JW.1935, p.2398 = OVG. Bd.96,p.83. 2) OJGV.Bd. 96,pp.83; Vol.97, ps. 110. 3) GS. p. 21,28. 4) Dec.19.3.1936,Rverbl.1936.p.339;v.2.7.19 36,RVerwbl. 1936, p. 940 f. ERS 70414