Die Nichtigkeit im öffentlichen Recht : Von der Evidenztheorie zum verfassungsunmittelbaren Nichtigkeitsbegriff

Abstract

In Swiss administrative law, the nullity of (state) acts that have legal effects has so far been decided on the basis of the evidence theory. This work contrasts the theory of evidence with the constitutional concept of nullity, which dogmatically repositions the concept of nullity and anchors it constitutionally in the principle of legality. The concept of cognizance of nullity is introduced for the power of an authority applying the law to determine the nullity of a legal act. The work discusses the procedural channels in which the cognizance of nullity can be exercised. In addition to the new dogmatic foundation of nullity, it provides a review scheme that is intended to contribute to more predictable decisions and thus to legal certainty.