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The licensing procedure for dual-use goods in German export control law

by Dr. Wolfgang Ehrlich

The approval procedure for dual-use goods conducted by BAFA is characterized by the interaction of European and national law. In principle, the principle of primacy of application applies. However, even when national law is applied, it is influenced by principles and rules of Community law. The starting point of the scientific discussions were judgements of the European Court of Justice from 1980, in which for the first time the application of national procedural law, which is recognised in principle, was made subject to the proviso that it must not result in the exercise of rights conferred by Community law being made practically impossible. On the basis of the current state of dogmatics, the present study works out whether and, if so, how administrative procedural law differs in the scope of application of the Dual Use Regulation on the one hand and in the area of the Foreign Trade Act and the Foreign Trade Regulation on the other, in other words, whether, in other words, the law of administrative procedure in this area is single-track or dual-track.

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