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Schleswig-Holstein

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lodging a complaint or appeal against an official decision

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)

Service Description

You can lodge a complaint about the personal misconduct of civil servants, judges or civil service employees.

An administrative complaint is an informal legal remedy that can be used to complain about the personal conduct of a civil servant, judge or public service employee. Its purpose is to initiate supervisory measures against the person concerned.

However, a complaint cannot be used to change the content of a decision. If the aim is to bring about a different decision on the merits, a professional supervisory complaint is required instead. It is not absolutely necessary to explicitly designate the complaint as an administrative or technical supervisory complaint - it is sufficient to state the reason for the complaint and the desired objective. The responsible administration will then classify the complaint accordingly. In many cases, complaints that are designated as official supervisory complaints are treated as technical supervisory complaints due to their content.

As it is an informal legal remedy, a complaint cannot replace a formal legal remedy. It has no suspensive effect on the contested decision or measure and does not interrupt any deadlines. This requires an objection, an action or summary proceedings in court.

In principle, no complaints can be lodged against ministers, district administrators or mayors, as they are not involved in a superior relationship under civil service law.


Process flow
  • Complaints must be submitted in writing and must be received, examined and decided upon by the authority. There is no entitlement to reasons for the decision.
  • The person concerned - be it a civil servant, judge or civil service employee - should be clearly named in the complaint and the misconduct complained of should be described as precisely as possible.
  • The complaint is processed by the superior or an employee appointed by him or her. This person receives the complaint, examines it and makes a final decision.
  • If the complaint is rejected by the line manager and the complainant turns to the superior line manager, the conduct originally complained about will not be reviewed again. Instead, the review will focus on whether the first superior to deal with the complaint has shown any personal misconduct.
Who should I contact?

The competent authority is the superior or the authority of the civil servant, judge or civil service employee whose conduct is the subject of the complaint.

As a rule, the head of the respective authority assumes this task. If this person is not responsible, the complaint is usually forwarded to the responsible superior. The complainant may also be informed that the complaint has been forwarded.

Requirements
  • The official you wish to complain about has shown personal misconduct.
    • Officials are civil servants, judges or employees of the public service.
    • Examples of personal misconduct include insults, discriminatory behavior, violence or unobjective language.
Which documents are required?

No documents are required to lodge a complaint.

If it is necessary to understand or prove the facts on which the complaint is based, it is advisable to submit the relevant documents (copies if necessary) to the authority together with the complaint.

What are the fees?

No fees or costs are incurred by the complainant in connection with an official supervisory complaint.

Fee: free of charge
What deadlines do I have to pay attention to?

There are no deadlines to be observed. However, it is advisable to submit a complaint to the supervisory authority promptly after the conduct of the civil servant, judge or civil service employee in question.

Processing duration

The processing time depends, among other things, on the content and degree of difficulty of the complaint. However, all complaints offices are interested in resolving your complaint as quickly as possible.

Legal basis
Appeal

You cannot lodge a further appeal against the decision on your official complaint, as this is an informal appeal.

What else should I know?

In principle, you cannot lodge a complaint against ministers. Similarly, it is not possible to lodge such a complaint against district administrators if the complaint relates to state tasks of the district administration. Complaints against mayors are also inadmissible.

Author

The text was automatically translated based on the German content.

Teaser

You can lodge a complaint about the personal misconduct of civil servants, judges or civil service employees.

Process flow

  • Complaints must be submitted in writing and must be received, examined and decided upon by the authority. There is no entitlement to reasons for the decision.
  • The person concerned - be it a civil servant, judge or civil service employee - should be clearly named in the complaint and the misconduct complained of should be described as precisely as possible.
  • The complaint is processed by the superior or an employee appointed by him or her. This person receives the complaint, examines it and makes a final decision.
  • If the complaint is rejected by the line manager and the complainant turns to the superior line manager, the conduct originally complained about will not be reviewed again. Instead, the review will focus on whether the first superior to deal with the complaint has shown any personal misconduct.

Who should I contact?

The competent authority is the superior or the authority of the civil servant, judge or civil service employee whose conduct is the subject of the complaint.

As a rule, the head of the respective authority assumes this task. If this person is not responsible, the complaint is usually forwarded to the responsible superior. The complainant may also be informed that the complaint has been forwarded.

Requirements

  • The official you wish to complain about has shown personal misconduct.
    • Officials are civil servants, judges or employees of the public service.
    • Examples of personal misconduct include insults, discriminatory behavior, violence or unobjective language.

Which documents are required?

No documents are required to lodge a complaint.

If it is necessary to understand or prove the facts on which the complaint is based, it is advisable to submit the relevant documents (copies if necessary) to the authority together with the complaint.

What are the fees?

No fees or costs are incurred by the complainant in connection with an official supervisory complaint.

Fee: free of charge

What deadlines do I have to pay attention to?

There are no deadlines to be observed. However, it is advisable to submit a complaint to the supervisory authority promptly after the conduct of the civil servant, judge or civil service employee in question.

Processing duration

The processing time depends, among other things, on the content and degree of difficulty of the complaint. However, all complaints offices are interested in resolving your complaint as quickly as possible.

Legal basis

Appeal

You cannot lodge a further appeal against the decision on your official complaint, as this is an informal appeal.

What else should I know?

In principle, you cannot lodge a complaint against ministers. Similarly, it is not possible to lodge such a complaint against district administrators if the complaint relates to state tasks of the district administration. Complaints against mayors are also inadmissible.

Author

The text was automatically translated based on the German content.

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