lodge an objection
service description
Filing an objection is the first step you can take in legally challenging most decisions made by public authorities. By filing an objection, you initiate the objection procedure, in which the authority's decision is reviewed again for its legality and appropriateness. This is often also referred to as the preliminary procedure.
As a rule, an objection has suspensive effect. This means that the administrative act cannot be enforced while the objection proceedings are ongoing. Furthermore, the objection proceedings are generally a prerequisite for initiating legal proceedings.
procedure
You must submit your objection in writing or have it recorded. You should use the term "objection" in your letter if possible.
Objection procedure
By filing an objection, you initiate the objection procedure. In this procedure, the authority's decision will be reviewed again for its legality and appropriateness. Your grounds for objection will also be considered, as new facts may come to light that were previously unknown to the authority. It is therefore advisable to provide a justification for your objection.
If the authority concludes that the objection is justified, it will revoke the original decision and, if necessary, issue a new one. This depends on whether you are seeking only the revocation of the administrative act (appeal) or also a different decision (obligation) from the authority. Your objection will thus be resolved.
If the authority considers your objection unfounded, it will either reject it itself as the appeals authority by issuing a formal notice of rejection or forward it to another competent authority for a decision. This appeals authority will then examine the matter and decide whether to grant or reject your objection by issuing a formal notice of rejection. Whether the issuing authority itself or another appeals authority is responsible for issuing the formal notice of rejection is regulated by law and depends on the specific legal area.
requirements
An objection is only possible against so-called "administrative acts". The most common form of an administrative act is a decision issued by a public authority.
What documents are required?
Your letter of objection should contain the following information:
- Your name
- Your Address
- Date of objection
- Address of the authority against whose decision the objection is directed
- Date and reference number or file number of the decision against which you are lodging an objection
- Declaration that you are lodging an objection
- If possible, provide a reason why you disagree with the decision: You can also state facts that have been overlooked so far or are not yet known to the authority.
- Your signature
What fees apply?
Objection proceedings are generally subject to fees. The costs are borne by the party who is unsuccessful in the matter, either the objector or the authority itself. The amount of the fees depends on the individual case.
What deadlines do I need to consider?
The deadlines for filing an objection can be found in the legal remedies information included with your decision. This is usually one month. Different deadlines are possible and are listed in the legal remedies information.
legal basis
- Section 68 of the Administrative Court Procedure Act (VwGO)
- State Administrative Procedure Act (LVwVfG)
- Section 3a of the Administrative Procedure Act (VwVfG)
- Section 35 of the Administrative Procedure Act (VwVfG)
- Section 15 of the State Fees Act (LGebG)
- Section 19 of the State Law for the Implementation of the Administrative Court Procedure Act (AGVwGO)
What else should I know?
If, after the conclusion of the objection procedure, you still feel that your rights have been violated, you have the option of taking legal action.
originator
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