Informal Cooperation as an Emerging Method of Administration and How it is to be Governed

Abstract

In recent years, in Germany the “informal cooperation” of the public authorities with citizens increasingly gained in importance. Today, no permit for a major project and no substantial directive will be issued without prior informal contacts between the public authority and the private addressee. The informality of these contacts is praised for expediting and simplifying the administrative proceedings. However, also this style of administration meets considerable scepticism. Since there is no clear regulation for these contacts between the administration and citizens beyond the “formal” procedures, third party interests and public goods such as the protection of the environment are at stake. This essay introduces the informal cooperation as an emerging method of administration and explains its legal framework. Although the Administrative Procedure Act does not statute obligations for the informal contacts, legal remedies exist that protect third parties and public goods. Furthermore, during the cooperation the parties are bound by the principles of trust and good faith. The development of responsibilities during informal cooperation may assist in achieving general acceptance of the informal cooperation between the administration and a citizen.