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Procedure descriptions
File an objection against an administrative act (decision)
If you do not agree with the content and result of an administrative act (decision) of a public authority, you can usually lodge an objection against it.
The objection procedure is intended to help you avoid legal disputes.
Note: As a rule, you can only take legal action against an administrative act in court if you have received an objection notice rejecting your objection. Exceptions: Dispensability of the objection procedure, unreasonably long duration of the objection procedure
As a rule, it is not possible to lodge an objection against administrative acts of the regional councils and ministries, but to bring an action directly before the court. Exceptions are regulated by law.
Responsible department
The authority that issued the administrative act (original authority) is responsible for receiving the opposition. However, the time limit is also met by filing the appeal with the authority that has to issue the notice of appeal.
Note: The exact name and address of the authority to which you must lodge an appeal can be found in the information on legal remedies. Since 27 May 2015, all authorities in the state have been required to include information on the right of appeal with every decision on contestable administrative acts, unless this is excluded by specialist law.
Details
Prerequisite
The objection must always be
- within one month in writing
- in writing, in electronic form (electronic document with a qualified electronic signature) or in writing
- the original authority that issued the administrative act or to the opposition authority
to the opposition authority.
In addition, your letter of appeal should contain the following information:
- Your name
- Your address
- Your telephone number
- Date of the appeal
- Address of the authority to which the appeal is addressed
- Date and reference or file number of the decision you are appealing against
- Explanation that you are lodging an appeal
- Reasons why you do not agree with the decision: You can also state facts that have been overlooked or are not yet known to the authority.
- Your signature or qualified electronic signature
Procedure
You can lodge your opposition in writing, with your own signature, or you can present it orally and in writing directly to the original authority. You can also lodge your opposition in electronic form. However, this only applies if the original authority provides access for this purpose. In addition, you must observe the special regulations on electronic communication with public authorities when filing your opposition. A simple e-mail is not sufficient.
The original authority will re-examine its decision on the basis of your appeal. It may consider your objections to be justified on the basis of the new examination or the new facts that have come to light. In this case, it will cancel the decision or amend the decision in your favour. It will also make a decision on costs. If the original authority considers your objections to be unjustified, it will leave the decision unchanged.
If the authority does not amend the decision, it will submit the appeal to the competent appeal authority. As a rule, the appeal authority is the authority that is technically superior to the originating authority. There are exceptions in which the authority that issued the original decision also decides on the appeal. This is the case, for example, in self-administration matters or if the next higher authority is a ministry.
You will then receive the notice of appeal from the opposition authority. With this, the opposition authority decides on your request and also on who bears the costs of the opposition proceedings. The notice of appeal contains a detailed statement of reasons and instructions on how to appeal. It will be formally served on you.
Deadlines
As a rule, you must lodge an appeal within one month of receiving the decision. You will find the exact deadline in the information on the right of appeal.
If the information on the right of appeal is missing from your decision or is incomplete or incorrect, the time limit for lodging an appeal is extended to one year.
Attention: Make sure that your appeal is received by the authority in due time and that you can prove this. If you send your appeal by post, you should do so by registered mail. If you hand in your appeal in person at the authority, have it confirmed that it has been received. If you file a written appeal with the authority, ask for a copy of the minutes.
Required documents
none
Costs
- If the result remains in line with the decision of the original authority: between EUR 20.00 and 5,000, depending on the
- Administrative costs,
- The importance of the object,
- the economic or other interests involved, and
- Your economic circumstances.
- Change in your favour: You will be reimbursed for the expenses that were necessary to defend your rights. These can be telephone or postage costs, for example.
- If you are advised or represented by a lawyer, bear in mind that this will also incur costs for you. Lawyers' fees, even if the appeal was successful, will only be reimbursed if it was necessary to involve a lawyer.
This is decided on application by the authority, which also decides on the costs of the opposition proceedings.
Processing time
depending on the individual case
Miscellaneous
none
Release note
- 07.12.2022 Innenministerium und Justizministerium Baden-Württemberg