Verwaltungsprozessuale Defizite der Rechtsschutzpraxis im Beamtenkonkurrentenstreit

The almost exclusive shift of the legal protection of the candidate who was unsuccessful in the selection procedure for a civil servant post against the appointment of his competitor to the interim legal protection shows procedural shortcomings which make it necessary to return the legal protection to the main proceedings. Under this guiding thesis, the work shows that the governmental selection decision, which violates the constitutional right of the unsuccessful candidate to a fair selection procedure, continues to exist even after a successful summary proceedings, that for this reason there is a risk of contradictory decisions by the authorities and the administrative courts and that the structural shift of the legal protection to the interim legal protection results in a shortening of the administrative court's appeal. In conclusion, the work proposes a structuring of the main legal protection in disputes between competitors of civil servant posts, which it derives from the quality of the selection decision as a so-called „Verwaltungsakt“.