Technical supervisory complaint
The technical supervisory complaint is a legal remedy aimed at checking the legality and appropriateness .
It is aimed at the supervisor or the supervisory authority who is responsible for the technical supervision . The technical supervision can also lie with another administrative body . For example, the technical supervision of measures taken by the mayor of a municipality can lie with the district administrator (in his function as a state authority), the technical supervision of measures by the district administrator (in his function as a district authority) with the district president (as a state authority).
The higher authority must decide on this legal remedy. The technical supervisory authority does not have to officially give a reason, but it is usually based on the self-image as a transparent service provider for citizens and society.
Demarcation
While the supervisory complaint is directed against the behavior of an official , the technical supervisory complaint relates to a specific technical decision by an authority , which is to be checked, changed if necessary or also to lead to other specialist decisions in future cases.
The technical supervisory complaint, in addition to the supervisory complaint and the petition in the narrower sense, belongs to the petitions in the broader sense, which in Germany are based on the right of petition in accordance with Article 17 of the Basic Law .
See also
Individual evidence
- ↑ juraforum.de: Fachaufsichtsbeschwerde , accessed November 19, 2019