Behördenorganisation im Wettbewerb | Behördliche Entscheidungen in eigener Sache im Lichte höheren Rechts

Summary If the state is active on the market, an ambivalent connection will develop between policy and economy, because the public authorities are then pursuing public welfare while at the same time competing with private companies. As a result, precautions must be initiated against gaining competitive advantages by the community using its political power. This premise seems to be contradictory to the fact, that in-house contracting is a permissible option under certain conditions and that agencies are allowed to compete with private companies while controlling the relevant market. The principle of „nemo iudex in causam suam“, which is known from Roman law and which applies to the judiciary, seems to have no equivalent in the sphere of the executive. Under these circumstances it is justified to analyze whether the government is allowed to make decisions in own matters. This study tries to answer this question from the perspective of the national constitution and the European law