Supervision complaint
The disciplinary complaint is in German administrative law , a form-fitting and termination without legal remedy , with the violation of an official duty of a public official can be reprimanded and adhere to the supervision or the superior department or the superiors applies. The opposite is the technical supervisory complaint .
General
In challengeable administrative acts according to § 37 para. 6 VwVfG an instruction about the authority or the court where the appeal must be lodged, the seat and required on the observe a time limit ( legal remedies ), here a disciplinary complaint does not come just considered as a lack of Expertise or incorrect application of the law . Rather, the supervisory complaint in the narrower sense is only directed against the official conduct of an official. The handling of the case ("superintendent complaint") is directed against the application of the law by the administration .
Legal issues
The supervisory complaint is a special form of the petition provided for in Article 17 of the Basic Law . It must be sent informally to the official's disciplinary superior or to the supervisory authority . The complaint must be decided within a reasonable period of time, but the complainant has no right to a more detailed explanation. The supervisory complaint does not replace the legal remedies provided for in administrative acts .
Content of the supervisory complaint
The official behavior of employees in the public service exclusively affects their appearance towards the citizen. The service supervisory complaint therefore criticizes personal misconduct (such as rudeness, insulting or condescending statements) or the inappropriate demeanor when representatives of the authorities abuse their tone or even get violent.
hierarchy
In the case of a supervisory complaint, the hierarchy within an authority or the hierarchy of the authorities among each other must always be taken into account, because it is aimed at the superior of a public official; The latter is not generally allowed to answer the supervisory complaint himself ( conflict of interests ). The addressee of a supervisory complaint can be
- the service supervisory authority, for example, if there are problems with
- Tax Office / Tax Office staff: addressee is the regional tax office (in Bavaria: State Office for taxes ; in Lower Saxony State Office for Taxes Lower Saxony );
- Municipality / municipal employees: Addressee is the district office or the district president ;
- the authority management for example with problems with
- the disciplinary superior : in the event of problems with the clerk .
Authorities are also structured in a strictly hierarchical manner. The tax offices are subordinate to the regional finance directorate, for example, a city / communal authority such as the property office or social welfare office is subordinate to the (lord) mayor.
From the right of petition . Of Article 17 of the Basic Law provides the possibility that concerned with complaints and to the representation of the people contact; Specifically, in the case of supervisory complaints, this is the petitions committee of the German Bundestag or the state parliaments (such as the petitions committee of the North Rhine-Westphalian state parliament ).
Criminal procedural law
A supervisory complaint against police prosecution measures is permissible according to Section 163 StPO . A supervisory complaint is directed against a measure ( e.g. against a seizure or search ); it is to be addressed to the public prosecutor's office . The supervisory complaint criticizes the behavior (e.g. willful damage during a search); the police officer's superior ( police chief ) decides on this .
Legal consequences
Since Art. 17 GG does not provide for a right to redress, the complaint from the supervisory authority lacks the element of enforcement law inherent in a real legal remedy. Art. 17 GG only gives the petitioner the right to receive, substantive examination and decision of the petition, but no right to execution in the sense of the petitioner. There is no direct influence on the official conduct of the official concerned. However, if his superior acknowledges the criticism of the complaint, it can act on the public official as part of a disciplinary measure. Notices issued in response to administrative complaints are not administrative acts .
International
In Austria , the supervisory complaint is structured in a similar way to that in Germany. In principle, it can be raised by anyone “who considers themselves to be complained by the action of an organ”. It serves to "bring an alleged grievance of the higher authority - or the superior of the body - to the knowledge so that they can remedy the situation". The Switzerland is aware of the disciplinary complaint. The supervisory complaint (also supervisory notification) according to Art. 71 VwVG is a mere legal remedy with which the supervisory authority can be made aware of irregularities. The submitter has no right to have his submission dealt with or that subsequent orders be made; the notifying party therefore has no party rights (Art. 71 para. 2 VwVG).
See also
Individual evidence
- ^ Lutz Meyer-Goßner: Commentary on StPO . Ed .: Lutz Meyer-Goßner / Bertram Schmitt. 58th edition. 2015, p. before Section 296, marginal no. 22 .
- ↑ BVerwG NJW 1977, 118
- ↑ Mike Wienbracke, Administrative Process Law , 2014, p. 2
- ↑ Robert Pest, The prohibition of delay in criminal proceedings , 2017, p. 452
- ↑ BVerfGE 2, 225 , 230
- ↑ BVerwG NJW 1977, 118 f.
- ↑ VwGH 94/19/1174 RS 1
- ↑ VwGH 90/18/0158 RS 4
