Verteilungsentscheidungen und Verteilungsverfahren

In a free market economy, the direct allocation of goods by the state must seem strange. Nevertheless, this is a common and at the same time complex procedure, since it is always in conjunction with a shortage of goods and competition. Nina Malaviya discusses allocation decisions as an all-encompassing phenomenon in administrative law. Basing her study on the fundamental similarities, she deals with the basic principles and the scope of application, the procedures and the criteria as well as the aspects of constitutional law involved in this state instrument of allocation. Allocation decisions imply that a selection must be made among competing private persons whose interests are identical; they are based on multipolar competition situations. Thus one of the main theses of this study is that allocation procedures are to be dealt with as a special type of administrative procedure.