There is a separation of powers in Germany. This means, among other things, that the executive power or executive is bound by the law and the law, cf . Art. 20 sec. 3 GG.
However, separation of powers also means that all authorities in a state governed by the rule of law must respect and comply with the judgments of the 3rd power (judiciary).
Legal case
In a recent case, the Federal Foreign Office was ordered by the Administrative Court of Berlin to issue a visa to a mother to return to Germany, where her 3 German children are staying.
After an application for leave to appeal against the judgment was withdrawn, Maibaum Attorneys at Law issued a request to issue the visa with a deadline set in order to avoid enforcement measures.
After this deadline was also ignored, an application for the initiation of enforcement against the Federal Foreign Office was filed with the Administrative Court today.
Need for action to enforce court judgments
Even if enforcement against authorities on the basis of mandatory judgments of the courts should be the absolute exception , it happens again and again that the executive must be urged to respect such judgments by appropriate measures.
This is usually done by imposing penalties (“penalty payment”) of up to €10,000 on the defaulting authority (cf. § 172 of the Code of Administrative Court Procedure).
The penalty payments may also be repeatedly threatened, imposed and enforced. In addition, the non-issuance of a sovereign act then also constitutes a breach of official duty that can lead to claims for damages.
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