Die Rolle staatlicher Auswahlentscheidungen im Rechtsschutzsystem der "Konkurrentenverdrängungsklage"

The legal classification of the so-called "action taken by a competitor" has been controversial for decades. The jurisdiction is still looking for a systematically stringent and just solution. Most recently, the Federal Administrative Court revived the controversy about the legal nature of the governmental selection decision in civil service law. The work contributes an examination in monographic depth to this debate, which records the current state of discussion in jurisdiction and literature, identifies the governmental selection decision as an integrated administrative act and examines its impact on administrative procedures and legal protection. The legal protection concept, elaborated here, would avoid systematic infringements and normalise the judicial protection. It could be regulated with relatively little legislative effort.