Faktische administrative Selbstermächtigungen

The article sheds light on unintended administrative powers that have been conferred by the legislator. It identifies possibilities for administrative action in the application of norms linked to prior behaviour of the authorised body itself, especially exceptional administrative powers. The danger of de facto self-authorisation through prior inaction is lined out in the field of public security, criminal enforcement, municipal decisionmaking and public procurement. It collides with the constitutional requirement that administrative powers need to be prescribed by parliamentary law. The article unfolds this problem and suggests necessary consequences.