✉️ Petition and complaint
In brief
Anyone may turn to the competent bodies and to the elected representatives with requests or complaints (Art. 17 GG). This is called a petition.
At the Bundestag you can do this in writing or via an online form. You need your name and address. A simple e-mail is not enough.
A petition is not a legal remedy. Deadlines for objection or court action keep running. File an objection first if the deadline is approaching.
Step by step
- Determine the addresseeFederal authority: Bundestag. State authority: Landtag. Municipality: municipal council, in Berlin the district assembly (Bezirksverordnetenversammlung) (state law).
- Describe your concern brieflyFacts, aim, evidence.
- SubmitIn writing with a signature or via the Petitions Committee's online form.
- Wait for the replyA petition gives no entitlement to a particular outcome.
Deadlines
- A petition does not suspend the deadline for objection or court action.
- A public petition should be of general interest and not concern an individual person.
- Complaints about federal authorities are dealt with by the Bundestag in parliamentary procedure.
- The Landtage have their own procedures; only Bavaria, NRW and Berlin are covered here, 13 Länder are not. A supervisory complaint (Dienstaufsichtsbeschwerde) likewise suspends no deadline. Anyone who culpably fails to use a legal remedy loses the claim for official liability (§ 839 Abs. 3 BGB (not checked in full text)).
In depth · legal basis, figures and practice – for advisers and professionals
Fundamental right
Art. 17 GG: Everyone has the right, individually or jointly with others, to address written requests or complaints to the competent authorities and to the elected representatives.
Bundestag
According to the general notes of the Petitions Committee, a petition must be in writing and contain the petitioners' name and address. On paper it must be signed by hand; electronically via the online form, entering first and last name is sufficient instead of a signature; a simple e-mail is not sufficient. Requests for federal legislation and complaints about the activity of federal authorities are dealt with in parliamentary procedure. Further requirements apply to public petitions (general interest, no personal reference, short comprehensible wording).
Länder
Berlin: Abgeordnetenhaus (Art. 34 VvB) and the Citizens' and Police Commissioner (Bürger- und Polizeibeauftragte or Bürger- und Polizeibeauftragter) (act of 19 November 2020). Bavaria: Art. 115 BV and BayPetG, plus the Citizens' Commissioner of the Bavarian State Government (since 2018). North Rhine-Westphalia: Petitions Committee of the Landtag (Art. 41a LV); there is no general citizens' commissioner. (All not checked in full text.) Municipality: Bavaria submissions to the municipal council under BayGO; NRW § 24 GO NRW; Berlin district assembly (BezVG) (not checked in full text).
Supervisory complaint and municipal supervision complaint
The supervisory complaint (Dienstaufsichtsbeschwerde) has no form or deadline and is addressed to the superior (Art. 17 GG). It is not a legal remedy and suspends no objection or court deadline. Municipal supervision: Bavaria Art. 108 ff. GO (Landratsamt, for independent cities the Regierung); NRW §§ 119 ff. GO NRW; Berlin supervision by the Senate departments under the AZG (not checked in full text).
Official liability
In the case of a culpable breach of official duty, the state or body is liable (Art. 34 GG in conjunction with § 839 BGB). The regional court (Landgericht) is competent (§ 71 Abs. 2 Nr. 2 GVG); limitation under §§ 195, 199 BGB. Under § 839 Abs. 3 BGB the claim for compensation lapses if a legal remedy was culpably not used (not checked in full text).
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.