What are implicit and expressed powers
* As a result of the repeal by the introductory authority, the contested decision of the city senate was completely eliminated from the legal status, not only with regard to its verdict, but in particular also with regard to its reasons. On the basis of this, however, the justification of the now contested (replacement) decision of the city senate does not meet the requirements of Section 93 (3) (a) BAO if it is only based on the legal opinion expressed in the decision of the supervisory authority the reduction of the liability amount for the complainant due to the proportional transfer of the bankruptcy quota has been received and the latter is specified in more detail, but otherwise (and also only implicitly) reference is made to the previous procedure or the results and justifications of the previously issued - but now legally not more existing - notices are required in terms of content.
* Already on the basis of the explicitly aimed complaint within the meaning of § 250 Paragraph 1 lit.
* In addition, it should be pointed out that the principle of substantive decision-making in accordance with Art. 130 (4) second sentence B VG - even if regularly at most - does not necessarily mean in every case that the decision of the administrative court always includes the settlement of every detailed question must also include: If and to the extent that this appears more expedient on the basis of the parameters specified in this provision (speed, cost savings), the authority should or must retain the authority to dispose of political decisions. This aspect is particularly important in the case of discretionary, proportionality, planning decisions, etc., but also in those cases in which the decision-making bases that are decisive for clarifying detailed questions, including sensitive data, are within the control of the authority and are therefore in principle unsuitable for adversarial investigations in the context of a public negotiation. Finally, it should generally be noted that especially in matters of the municipality's own sphere of activity, the authority to dispose of legal policy should remain with the self-government agency as far as possible, especially if and to the extent that it is an ex officio-initiated administrative procedure.
ECLI: AT: LVWGOB: 2014: LVwG.450025.2.Gf.Rt
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