Concept and Function of the Rechtsantragstelle
The Rechtsantragstelle is an official institution at German courts that supports citizens, in particular those seeking legal recourse without knowledgeable legal representation, in making applications, complaints, and other written submissions to be recorded by the clerks of the court office (§ 125 paragraph 1 sentence 1 Courts Constitution Act – GVG). Thus, it serves as an important point of contact to uphold the principle of equal access to legal protection and to justice.
Purpose and Legal Bases
The establishment of the Rechtsantragstelle is legally regulated in the Courts Constitution Act (GVG). The primary aim is to assist individuals who are unable to draft formal applications in accordance with procedural rules on their own. The Rechtsantragstelle also frequently serves to preserve procedural deadlines by recording statements “for the record.”
The key legal foundations are essentially:
- § 125 GVG (Courts Constitution Act)
- § 117 paragraph 1 Code of Civil Procedure (ZPO, for applications for legal aid)
- Other special provisions in sectoral laws (e.g., FamFG, SGG, VwGO, ArbGG)
Scope of Responsibilities
The main task of the Rechtsantragstelle is to support citizens seeking legal recourse in drafting applications and other procedural documents and to officially record them. Its area of activity includes, among other things, the following matters:
- Recording of complaints, applications, and appeals
- Support with applications for the granting of legal aid and procedural aid
- Receipt and forwarding of urgent applications (e.g., for interim legal protection)
- Advice regarding the possibility of filing legal remedies and referring to competent authorities
It is explicitly not a legal consultation on the prospects of success of a lawsuit or application, but rather support in proper application filing to ensure effective legal protection.
Organization and Responsibility
Institutional Integration
Rechtsantragstellen are established at almost all courts, especially at local courts, regional courts, social courts, administrative courts, and labor courts. Depending on the jurisdiction and federal state, organizational structure and office hours may vary.
Staff
The recording of applications is generally carried out by court office clerks. They have special professional qualifications for the timely and formal processing of applications and statements.
Access and Availability
In principle, access to the Rechtsantragstelle is open to all people who do not require, or do not have, qualified legal representation. In certain types of proceedings, such as employment court cases at first instance, representation by lawyer is only mandatory at the second instance, meaning more complaints and applications are recorded at first instance by the Rechtsantragstelle.
The Digital Rechtsantragstelle
Background and Legal Development
With the progressive digitalization of justice, many courts are expanding the traditional Rechtsantragstelle by offering digital access options. The aim is to make access to courts even more easily available and independent of office hours, and to keep pace with technical advancements.
The legal framework for digital communication with courts is provided in particular by the Act to Promote Electronic Legal Transactions with the Courts (ERV Act) as well as the relevant ordinances and administrative regulations on electronic record-keeping and digitalization.
Functioning
Digital Rechtsantragstellen enable the electronic submission of documents to the court. Access is via specialized online portals or secure communication channels, such as the special electronic lawyer mailbox (beA), the special electronic mailbox for citizens and organizations (eBO), or the electronic court and administrative mailbox (EGVP).
Digital Rechtsantragstellen offer the following functionalities:
- Electronic application submission around the clock
- Secure authentication and identity verification
- Compliance with deadlines in electronic access
- Integration of digitally signed documents
- Automated confirmations of receipt and acknowledgments
Legal Requirements for Electronic Application Submission
The digital submission of applications brings heightened requirements for the authenticity and integrity of the data. Users must often securely authenticate themselves when submitting electronic documents, for example via a qualified electronic signature or by using certain portals. The statutory requirements for this are set out in detail in:
- § 130a ZPO (special requirements for electronic form)
- §§ 173ff. ZPO as well as comparable regulations in other codes of procedure
A prerequisite for meeting a deadline is also the timely receipt of the submission at the court via the digital Rechtsantragstelle.
Legal Significance and Practical Relevance
Significance for Access to Justice
The Rechtsantragstelle ensures equal access to the courts for all citizens, regardless of their background or financial means. It contributes to the realization of the constitutionally guaranteed right to be heard (Art. 103 para. 1 Basic Law) as well as to the general principle of equality (Art. 3 Basic Law).
Practical Implementation
In the daily operation of the courts, Rechtsantragstellen are key points of contact between citizens and judicial authorities. Support in appropriately filing applications is frequently used, especially in the areas of enforcement proceedings, family and social law. These services are increasingly available via the digital Rechtsantragstelle, making them accessible even without personal appearance.
Limits and Delimitations
The activities of the Rechtsantragstelle are limited to recording applications and statements. A comprehensive legal review of the matter or strategic advice is expressly not provided. The activities are strictly limited to procedural assistance in meeting formal requirements and deadlines.
Digitalization also presents new challenges in the areas of IT security, data protection, and accessibility, which are addressed through ongoing legal and technical adjustments.
Conclusion
The Rechtsantragstelle is an essential instrument in the German judicial system for ensuring effective legal protection and guaranteeing access to the courts. Through digitalization, its services are being expanded in a contemporary way to safeguard and strengthen access to the courts, even under changing social and technological conditions. The legal framework, responsibilities, and technical implementation reflect an ongoing process of adaptation to the needs of a modern, citizen-focused judiciary.
Frequently Asked Questions
What tasks does the Rechtsantragstelle take on in court proceedings?
In court proceedings, the Rechtsantragstelle serves as a central point of contact for citizens who need to submit legal applications or statements. Particularly, people who do not have legal counsel can receive assistance here in drafting and submitting applications, complaints, appeals, or other necessary procedural documents. However, the work of the Rechtsantragstelle is limited to recording and correctly forwarding legal applications. Individual legal advice in the sense of a legal examination or evaluation does not take place. Instead, those seeking legal assistance are informed about which formal requirements their applications must meet and what information needs to be included. In many types of proceedings – such as in social, family, or labor law – access to the Rechtsantragstelle is especially important, as there are often possibilities to file applications without legal representation.
In which areas of law can the Rechtsantragstelle be used?
In principle, the Rechtsantragstelle is available for all kinds of legal matters in which the law does not require mandatory legal representation (so-called Anwaltszwang). It is used particularly in areas such as labor law, social law, family law, guardianship law, and to some extent in civil law. In criminal law, its function is restricted, as it mainly supports private plaintiffs or victims in criminal proceedings. The specific applications that can be filed through the Rechtsantragstelle depend on the requirements of the relevant court and the applicable codes of procedure (e.g., Code of Civil Procedure or Administrative Court Procedure Act). Where legal representation is mandatory (e.g., before regional courts in civil proceedings), the Rechtsantragstelle can only record applications that do not expressly require the involvement of a lawyer.
What rights and obligations does the person seeking legal recourse have in relation to the Rechtsantragstelle?
The person seeking legal recourse has the right to submit applications, complaints, or other statements to be recorded at the Rechtsantragstelle. They are also entitled to have their concerns treated confidentially and to receive qualified assistance in the formal drafting of their submissions. Conversely, there is an obligation to provide all information and documents essential to the proceedings as well as truthful information. The Rechtsantragstelle is authorized, within the scope of its duties, to provide binding guidance on the correct filing of applications and the necessary formalities. There is expressly no obligation to provide comprehensive legal advice; in this respect, it is generally recommended to seek legal counsel if necessary in individual cases.
What special features apply to the digital Rechtsantragstelle?
The digital Rechtsantragstelle enables applications and statements to be submitted electronically via specially designed online portals or secure communication channels to the courts. As a rule, the applicant must authenticate themselves, for example by using the eID on their ID card or a special user account. The digital Rechtsantragstelle is based on the statutory requirements for electronic communication with the courts (§ 130a ZPO, § 65a SGG, § 55a VwGO). It ensures that digitally submitted documents are treated legally the same as written applications. Special features primarily concern technical requirements (file formats, transmission methods, signature requirements) and compliance with deadlines: The timing of electronic submission is decisive for meeting deadlines. In digital proceedings, personal appearances are no longer required, but communication with the Rechtsantragstelle can sometimes be asynchronous, which may make follow-up questions more difficult.
What formal requirements must be observed when submitting an application?
When using the Rechtsantragstelle, it must be ensured that the application is formulated as precisely and completely as possible. All necessary information about the person, such as name, address, and, if applicable, representation, as well as about the facts and the intended legal objective, must be provided. Attachments or evidence should be included as copies. The Rechtsantragstelle is authorized to clarify incomplete or contradictory information during the discussion and to review the wording together with the applicant, but does not carry out any substantive examination of the legal claim. For digital applications, the courts’ formatting and technical requirements must be observed. Incomplete applications or those not in compliance with statutory forms may be rejected or not processed. The responsibility for meeting deadlines lies with the applicant.
Who bears the costs for using the Rechtsantragstelle?
The use of the Rechtsantragstelle is generally free of charge; there are no separate fees for simply recording and forwarding an application. Only for the actual court proceedings—such as when a lawsuit is filed—can court fees apply, and information about their amount is also provided during the application process. In the case of insufficient financial means, legal aid may be applied for under certain conditions, and the Rechtsantragstelle also offers assistance with the application process in such cases. It is recommended to obtain information about potential costs early, especially for applications with far-reaching legal consequences.
