Opposition
The counter-presentation is an informal legal remedy in Germany. The counter-presentation is addressed to the authority that issued an objectionable administrative act, made a decision or initiated action with the aim of re-examining the administrative act / decision / act for legality and expediency. In principle, it can be raised against any action or omission by an authority.
In analogous application of Section 321 a (2) ZPO, the counter-presentation against court decisions is subject to a time limit and a two-week period for filing. It does not require a complaint (impairment of personal rights), nor even the assertion of a violation of the law by the challenged measure. In particular, it can also be used to assert that a different approach would be more appropriate . The counter-presentation is a result of the right to petition , from which it follows that there is no entitlement to a new factual decision, only the right to an answer, provided that the counter-presentation is not classified as abusive. This can especially be the case with repeated insertion. It is also possible to approach the higher authority with a counter-presentation, but this will then be treated as a supervisory complaint.
There is also the possibility of submitting opposing claims against decisions of the court, but only if the court is authorized to change the court decision according to the rules of procedure.
The objection to the hearing is similar to the counter- presentation . This is also aimed at the same authority that has already decided on the matter once. In contrast to the counter-presentation, the hearing complaint is regulated by law and subject to a time limit. Its scope is also limited to violation of the right to be heard in court proceedings . On the other hand, the counter-presentation can also turn to the authorities and raise objections of any kind, including those of a non-legal nature.
The word remonstration , which was previously used synonymously with counter-presentation, is used in modern legal language for a formal objection by an official to an official directive.
The decision on counter-presentation does not set a new deadline for filing a constitutional complaint.
literature
- Wolf-Rüdiger Schenke: Administrative procedural law. 6th edition. Müller, Heidelberg 1998 (Focus, Vol. 18), No. 2-7a, ISBN 3-8114-3799-2
Individual evidence
- ↑ BGH, decision of March 7, 2002 - IX ZB 11/02 - BGHZ 155, 133 ff. = NJW 2002, 1577
