3.2 Federal Administration

Since the states are primarily responsible for administration, the Federation has only a relatively thin network of administrative authorities throughout the country.90 In the implementation of federal legislation by federal authorities, a distinction can be drawn between direct federal administration (unmittelbare Bundesverwaltung) for which the Federation sets up a system of public authorities, for some areas with its own substructures at all levels (e.g., foreign service, federal financial administration, federal police), and indirect federal administration (mittelbare Bundesverwaltung), which is the implementation of laws by independent federal corporations or institutions established under public law. Use has been made of this system in the field of social security (e.g., Federal Agency for Employment or German Pension Insurance). The following section deals with the various levels of direct federal administration.

Figure: Structure of Federal Authorities

Supreme Federal Authorities
They include the Federal President, the Federal Chancellery (Bundeskanzleramt), the federal ministries, and the Federal Audit Office (Bundesrechnunghof).91

Higher Federal Authorities
Higher federal authorities are hived-off, autonomous and centralised government agencies responsible for the entire national territory. They are under the control of the competent federal ministry. Important higher federal authorities are the Federal Environmental Agency, the Federal Statistical Office, the Federal Motor Transport Authority, and Federal Office of Civil Aviation, and the Federal Armed Forces Administrative Office.92

Intermediate Federal Authorities
Intermediate federal authorities are subordinated to a supreme federal authority. They have jurisdiction over only part of the national territory.93 Important intermediate federal authorities are regional finance offices, military district offices, and regional waterways and shipping directorates.

Lower Federal Authorities
Lower federal authorities are subordinated to higher and intermediate federal authorities. They are competent for an even more limited section of the national territory within the responsibility of the superior authority.94 Examples are principal customs offices and district draft boards.


 


90 Cf. Katz, Staatsrecht, Rn. 468.
91 Cf. Katz, Staatsrecht, Rn. 468.
92 Cf. Badura, Staatsrecht, G Rn. 73 ff., 633.
93 Cf. Katz, Staatsrecht, Rn. 468, 233.
94 Cf. Katz, Staatsrecht, Rn. 468, 233.