Abstract

ORBEGOSO SILVA, Miluska. The German theory of organization and procedure. A key element to understand the protection of fundamental rights in the social state. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.154, pp.199-219.  Epub May 12, 2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.154.14142.

In the present investigation, the theory of organization and procedure is developed as a way of protecting the fundamental rights when the public administration gives social benefits to the citizen, in the current social and democratic rule of law. It is a dogmatic development of the theory and its possible application in these assumptions starting from the insufficiency of the principles that classically govern the so-called police administration connatural to the Liberal Rule of law.

Keywords : Public Administration; Fundamental Rights; Organization; Procedure; Germany.