Remonstration

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A remonstration (from the Latin remonstrare "to show again") is a counter-presentation or objection raised by an official against an instruction that he has received from his superior .

In addition, the term remonstration is also used for a counter-presentation by students against exam results at German universities and for objecting to the decision of an (EU) embassy not to issue a visa.

Remonstration in German civil service law

Regulations can be found in § 63 BBG (until 2009 § 56 BBG) and § 36 BeamtStG , formerly § 38  BRRG .

According to the provisions of civil service law , the civil servant must check his official acts for their legality . If he has concerns about the legality of an instruction, he must remonstrate with his immediate superior, i. H. object to the execution of the instruction. If the immediate superior confirms the instruction and the concerns of the civil servant have not been resolved, the civil servant must contact the next higher superior. The official has no discretion here. If the next higher superior (the superior of the superior of the remonstrating officer) also confirms the order, the officer must carry it out. This duty of obedience does not apply to the official, however, if he would commit a criminal offense or an administrative offense by following the instruction .

By doing this, the officer can protect himself from disciplinary proceedings if the order is later found to be unlawful . The same applies to the protection against claims for damages according to § 839 BGB ( official liability ) in connection with the respective civil service law ( § 48 BeamtStG, § 75 BBG).

The remonstration is a seldom used option in everyday civil servant work, as a potential remonstrant often fears being branded as a troublemaker . In spite of this, or perhaps precisely because of this, the remonstration is the subject of more recent articles on administrative ethics and whistleblowing (uncovering scandals).

In response to a small question from the Bündnis 90 / Die Grünen parliamentary group on the relationship between remonstrations and early retirement among civil servants, the federal government replied, among other things:

“The remonstration does not require any special form, so it can be oral or written. The HR departments or a central office have no knowledge of remonstrations and their results at the specialist level. They are also not allowed to be included in the personnel file. The personnel file only includes the documents that concern the civil servants, insofar as they are directly related to his or her employment relationship (personnel file data). Other documents may not be included in the personnel file ( Section 106 Paragraph 1 Clause 4 and 5 BBG). Remonstrations are directed against professional decisions; accordingly, notes about remonstrations in the personnel file would not be permitted. Oral remonstrations do not have to be reflected in the technical process. Accordingly, there is no information on the number of remonstrations. "

Remonstration at German universities

The concept of remonstration also exists at German universities. As a rule, students there have the right to raise an objection to the assessment of their examination performance at the responsible chair . Raising a counter-presentation means that the student deals with the corrector's comments and explicitly states why he is of the opinion that the original assessment of the examination performance is inappropriate.

As a rule, this must be done within a certain period after the announcement of the grades or after the date for viewing the examination performance. As a rule, the lecturer who set the task within the framework of which the examination was to be carried out is authorized to decide whether the grade of the examination performance changes after processing the remonstration. More recently, one is as intermediary between the Chair and the students Examination Office switched to u. a. organize the receipt of counter-presentations.

Remonstration against rejection of a visa application

If a visa application is rejected, German diplomatic missions abroad have a remonstration procedure; this is the applicant's written request to re-examine the visa application. At the same time, it is possible to file an action against the decision. The Berlin Administrative Court is always responsible for this . Remonstration and action are possible independently of one another.

If the rejection notice contains information on legal remedies (usually only for Schengen visas), the deadline for the remonstration is one month, otherwise one year. The remonstration letter should list favorable circumstances and justifications, and other documents may also be submitted.

The visa application will then be checked again by another employee, and a remonstration notice with information on legal remedies will be issued. Against the decision can be sued.

See also

literature

Individual evidence

  1. ↑ Small question from the Bündnis 90 / Die Grünen parliamentary group of July 11, 2011 (PDF; 55 kB)
  2. ↑ Reply of the Federal Government of July 27, 2011 (PDF; 101 kB)
  3. ↑ Leaflet "Remonstration proceedings and filing of lawsuits" ( Memento of the original dated June 22, 2017 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 notice. of the visa section of the German Embassy in Cairo, status: January 2015 (PDF; 349 kB), accessed on February 10, 2018 @1@ 2Template: Webachiv / IABot / www.kairo.diplo.de