Right of Complaint and Petition
The right of complaint and petition encompasses the constitutionally and legally guaranteed opportunities to submit submissions, complaints, or petitions to state-related bodies. Its primary purpose is to allow affected individuals and the general public to review, criticize, or suggest improvements to the actions of authorities, lawmakers, or other public institutions. The right of complaint and petition is an essential component of democratic rule of law and ensures citizen participation in state affairs.
Constitutional Foundations
Germany
The right to petition is regulated in Article 17 of the Basic Law for the Federal Republic of Germany (GG). It guarantees everyone the right to address requests or complaints to the competent authorities and to the representative body. The wording of Article 17 GG reads:
“Everyone has the right individually or in association with others to address written requests or complaints to the competent authorities and to the representative body.”
The right of complaint is also found in various statutory provisions. It guarantees the possibility to act against measures or omissions by public administration or individual officials. This includes, for example, the right to supervisory complaints and technical oversight complaints.
International Law
International legal instruments also recognize the right to petition. For example, the Charter of Fundamental Rights of the European Union (Art. 44 CFR) guarantees the right to petition the European Parliament.
Terminological Distinction: Petition, Complaint, and Submission
Petition
A petition is an informal submission to parliament or public authorities concerning requests, suggestions, complaints, or pleas regarding public matters. Petitions can be submitted by individuals as well as legal entities, either individually or jointly. Petitions are often addressed to petition committees, for example at the federal or state level.
Complaint
Complaints are submissions in which a specific measure or the behavior of an authority or an official is objected to. The right of complaint may be exercised both internally within the administration (e.g., supervisory complaint) and before the courts (e.g., by way of an action for annulment).
Submission
The term submission is broader and encompasses both petitions and complaints. It refers to any written request or communication to authorities or legislative bodies.
Legal Structure of the Right to Petition
Bundestag and State Parliaments
The Basic Law and state constitutions provide for petitions committees, which institutionalize the handling of petitions. The procedure in the German Bundestag is governed by the Act on Parliamentary Petitions (PetitionsG) and the Rules of Procedure of the Bundestag. Anyone can submit petitions in writing or online.
Procedure and Process
After receipt of the petition, the competent petitions committee reviews its admissibility and substance. If the petition is admissible, it is forwarded to the relevant bodies. The committee may make recommendations or suggest measures. The result is communicated to the petitioner. Petitions that attract public attention may also be discussed in the plenary.
Individual and Collective Petitions
In addition to individual petitions, collective petitions are expressly permitted. The latter give particular weight to societal concerns and are often used to mobilize support for certain issues.
Legal Effect and Limitations
Legal Claim
The right of complaint and petition does not generally create a legal claim to a specific decision in accordance with the request. However, the competent bodies are obliged to review the submission and inform the petitioner of the outcome (right to a decision).
Exclusion and Rejection
Petitions and complaints may be inadmissible or unfounded, for example if they contain insulting or inciting content, or are obviously inappropriate. Matters that violate legal norms are also rejected.
Protection from Discrimination
The Basic Law prohibits discrimination arising out of the submission of a petition or complaint (Art. 17 sentence 2 GG). This serves to protect freedom of expression and political participation.
Forms of the Right of Complaint
Supervisory Complaint
This is directed against the official behavior of an official, without a specific administrative procedure being affected. It may be submitted informally and triggers an official review of the conduct in question.
Technical Oversight Complaint
A technical oversight complaint can be lodged in the case of errors in the application of the law. Here, the supervisory authority exercises review and may issue instructions. The limitations arise from the duty of objectivity and the principle of administrative self-responsibility.
Administrative Complaint
This covers all legal remedies under administrative procedure laws by which administrative acts may be challenged (e.g., objection, action for annulment).
Right to Petition at European and International Level
European Union
Within the European Union, the right to petition the European Parliament (Art. 227 TFEU, Art. 44 CFR) ensures the right to address matters of personal or general interest related to EU policy.
European Court of Human Rights
Complaints can be submitted to the European Court of Human Rights if the Convention for the Protection of Human Rights and Fundamental Freedoms has been violated by a member state.
Significance for the Rule of Law
The right of complaint and petition makes a significant contribution to the protection of fundamental rights and state accountability. It promotes transparency, democratic participation, and control over public authority. The institutionalized opportunity for criticism and suggestions counteracts alienation between citizens and state bodies.
References
- Basic Law for the Federal Republic of Germany (especially Art. 17 GG)
- Statute on Petitions of the German Bundestag
- State Constitutions and Rules of Procedure of the Parliaments
- Act on Parliamentary Petitions (PetitionsG)
- European Convention on Human Rights (ECHR)
- Treaty on the Functioning of the European Union (TFEU)
- Charter of Fundamental Rights of the European Union (CFR)
Note: This overview provides a general summary of the right of complaint and petition and considers the legal situation in Germany, the EU, and under international law. Individual aspects may be subject to different regulations.
Frequently Asked Questions
Who is entitled to file a complaint or petition under German law?
Under German law, the right of complaint and petition is generally granted to everyone, regardless of nationality, age, or residence status, as follows particularly from Article 17 of the Basic Law. Individuals, groups, or legal entities can submit petitions or complaints to the competent state bodies. This includes federal and state parliaments as well as municipal bodies. There are no special statutory formal requirements for exercising the right; petitions may be submitted in writing, electronically, or even orally. Only in certain special legal complaints, such as administrative procedures, may formal requirements exist. The right also extends to children and adolescents, possibly represented by legal guardians, and is not tied to being individually affected.
Which bodies are responsible for receiving and handling complaints and petitions?
At the federal level, the Petitions Committee of the German Bundestag is primarily responsible for handling general political petitions pursuant to Art. 45c GG. At the state level, special petition committees exist within the parliaments. Complaints against specific administrative acts are usually handled by the respective administrative authorities themselves or by higher-level bodies; in cases of inaction or negative decisions, courts may be called upon. Special complaint mechanisms exist for social insurance, asylum procedures, penal institutions, or the police (e.g., police ombudspersons, state data protection officers). Certain professional groups or sectors also have their own complaint or mediation bodies (e.g., patient ombudspersons, bar associations).
Are there deadlines for submitting complaints or petitions?
The right to petition under Art. 17 GG generally does not provide for statutory deadlines; such matters can be raised at any time. The situation is different, however, for special statutory complaint procedures: For example, the Administrative Procedure Act provides for a one-month deadline (§ 70 VwGO) from notification in the case of objections to administrative acts. Comparable deadlines apply in social law and other areas. If a deadline is missed, the complaint or objection can usually only be admitted in very exceptional cases (e.g., reinstatement into the previous state). For general petitions to representative bodies, however, there are no time limits.
What legal effects does a submitted complaint or petition have?
A submitted petition or complaint obliges the competent body to address the matter and provide the petitioner with a response. Petition committees are able to initiate reviews, make recommendations, or forward the concern to the relevant authorities. They may hear witnesses, request statements from authorities, and hold public hearings. However, the outcome of the handling is not binding on the administration; it is the so-called ‘right to request and submit submissions.’ In judicial or statutory complaint procedures, however, the lodging of a complaint may have suspensive effect or lead to direct legal consequences (e.g., suspension of an administrative act until a decision is reached).
How is the procedure for handling a petition formally regulated?
Depending on the level and committee, there are implementing regulations for handling petitions (e.g., rules of procedure of parliaments). Once the petition is received, it is entered into a petition register and examined as to whether it is admissible and does not, for example, violate formal requirements or grounds for exclusion (e.g., anonymous submissions, insulting content). Admissible petitions are submitted to the relevant committee, which examines the matter based on the files and, if necessary, obtains statements from authorities, experts, or affected third parties. Where there is public interest, a petition may be published and made available for signature. The committee decides on further proceedings and the final recommendation to the plenary of the parliament. Petitioners receive a written notification of the outcome.
Can the petitioner make the handling of their petition or complaint public or accompany it?
Petitioners may make their concerns public and campaign themselves or through third parties. Many parliaments offer online platforms where petitions can be viewed and signed, which increases public attention and may spark political discussion. Some petition committees invite petitioners to hearings to personally explain their concerns. However, the public aspect of the process is limited if personal data or protected content is involved. The fundamental right to freedom of expression remains unaffected by accompanying the process.
In which cases can a complaint or petition be rejected or not processed further?
Petitions may be rejected or not processed further if they are inadmissible (e.g., due to lack of specificity, repeated requests without new facts, insults, or manifestly criminal content) or if the matter clearly falls outside the jurisdiction of the relevant body. A petition may also not be processed if judicial proceedings concern the same subject matter or have already been concluded (principle of separation of powers). The petitioner is usually provided with a written explanation as to why their submission was rejected or not processed further. In judicial complaint procedures, inadmissibility or failure to meet deadlines leads to a corresponding formal decision.
