Public administration is obliged to answer

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The public administration's duty to answer provides for an obligation to answer concerns from institutions and individuals, sometimes with a time limit.

European Union

For the institutions and bodies of the European Union, Article 17 of the Code of Good Administrative Behavior states : “The official shall ensure that any request or complaint to the institution is received within a reasonable period without delay and in no case later than two months after the Date of receipt is decided. The same rule applies to replying to letters from individuals. ”Among other things, the code implements the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union .

Federal Republic of Germany

The official obligation to provide information is the duty of every authority to provide information about the rights and obligations to which those involved in the administrative procedure are entitled. It is regulated in section 25 sentence 2 of the Federal Administrative Procedure Act (VwVfG) and the corresponding state laws.

Efforts are being made in the federal states to create a right for the citizen to receive an answer from the public administration in the state administrative procedural laws and to give this response within a reasonable period of time.

German Democratic Republic

According to Section 7 of the Act on Processing Citizens' Submissions (Submissions Act), citizens were entitled to a reasoned, written or oral response from the administration to submissions. The decision had to be made within four weeks at the latest and communicated to the citizen.

See also

Individual evidence

  1. a b c European Code of Good Administrative Behavior
  2. ^ The Ombudsman of the State of Mecklenburg-Western Pomerania ( Memento of November 29, 2015 in the Internet Archive )
  3. Hans-Werner Laubinger : Art. 41 GRCh (right to good administration) and the European code of good administrative practice in the light of German administrative law. Contribution to the Festschrift for Hans Peter Bull. ( Online ( memento of the original from January 19, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note .; PDF; 220 kB) @1@ 2Template: Webachiv / IABot / www.jura.uni-mainz.de