The general order (Allgemeinverfügung) as an established form of administrative action
has come into the focus of legal scholarship and public debate in the wake of the COVID-19
pandemic assembly bans during climate protests and prohibitions on carrying dangerous objects
in train stations. Taking into account the requirements set out in § 35 sentence 1 and in
particular sentence 2 of the Administrative Procedure Act (VwVfG) the general order can be
classified as a modification of the administrative act. Consequently the general provisions of
administrative procedure law-such as those governing assurances or withdrawals-are likewise
applicable to the general order. By addressing a large number of persons the general decree
proves to be a particularly effective form of administrative action a fact acknowledged by the
exceptions provided in the VwVfG regarding hearings reasoning and publication. However with
regard to the so-called "individual case" as the boundary for the use of general orders there
remains considerable uncertainty in legal scholarship. This gives rise to difficulties in
distinguishing the general decree from other forms of administrative action such as the
collective order or the statutory ordinance. The requirement of the "individual case" therefore
calls for further specification through the use of guiding principles for administrative
action-for instance considerations shaped by crisis contexts such as the concept of
resilience. Furthermore so-called Allgemeinverfügungen sui generis are analyzed and a
legislative proposal for amending the VwVfG is presented. In addition Kerstin Batschak
examines potential prohibitions on the use of the general order as a form of action-for example
such a prohibition may be assumed in the case of residence bans but rejected with regard to
assembly bans applying to a large number of assemblies. Finally the work addresses available
legal remedies and existing weaknesses in legal protection which make an administrative duty
to react to unlawful general orders necessary.
