🏛️ Overview: your rights towards authorities
In brief
An authority usually decides by way of a notice of decision (Bescheid). This is an administrative act (Verwaltungsakt).
You have rights: you must be heard (Anhörung). You may inspect your file. The notice must give reasons. You can defend yourself against the notice.
The deadline is what matters. Where an objection procedure exists (for example social law, Berlin), the objection must reach the authority within one month. In Bavaria and North Rhine-Westphalia there is usually no objection in general administrative law; then you go directly to court, also within one month (§ 74 VwGO). The deadline is stated in the instructions on legal remedies (Rechtsbehelfsbelehrung) at the end of the notice.
This group explains the procedure. For individual benefits (for example basic income support, Grundsicherungsgeld), read the group "Poverty". For fundamental rights and participation, read the group "Society".
Step by step
- Read the noticeFind the date, sender, reasons and instructions on legal remedies.
- Note the deadlineWrite down the day of notification and the end of the deadline.
- Clarify the file and the reasonsIf anything is unclear, ask for access to the file and ask questions.
- File a legal remedyObjection or court action, depending on the instructions, on time and in writing.
- Get helpIf your income is low, apply for legal advice assistance (Beratungshilfe).
Deadlines
- If the instructions on legal remedies are missing or wrong, a one-year deadline generally applies (§ 58 Abs. 2 VwGO, § 66 Abs. 2 SGG).
- Whether an objection procedure is mandatory depends on the Land and the area of law. The instructions in the notice tell you.
- Bavaria and NRW: in general administrative law, usually court action directly within 1 month (§ 74 VwGO), no objection. Berlin: objection is the rule (not checked in full text). If in doubt, get legal advice in good time.
- This page is not a substitute for legal advice.
In depth · legal basis, figures and practice – for advisers and professionals
Structure of the procedure
Administrative procedure under the Administrative Procedure Act (VwVfG; scope see below) and, in social benefit matters, under Book Ten of the Social Code (SGB X). Before an adverse administrative act is issued, there is a hearing (§ 28 VwVfG, § 24 SGB X); the administrative act must be reasoned in writing or electronically (§ 39 VwVfG). Legal protection: objection (§ 68 ff. VwGO, § 78 ff. SGG), then an action for annulment or an action for an obligation to act before the administrative or social court.
Which administrative procedure act applies
The federal VwVfG applies only to federal authorities (§ 1 VwVfG). For state, district and municipal authorities, the state law applies: in Bavaria the BayVwVfG (cited with "Art.", for example Art. 28, 29, 31, 32, 39, 41, 80), in North Rhine-Westphalia the VwVfG NRW (section numbering parallel to the federal act). In Berlin, § 1 Abs. 1 VwVfG Bln declares the federal VwVfG applicable dynamically (so, for example, "§ 28 VwVfG in conjunction with § 1 Abs. 1 VwVfG Bln") (not checked in full text). The VwVfG citations on these pages refer to the federal act; for state authorities the corresponding state provisions apply. For 13 other Länder this has not been checked. The SGB X applies nationwide to social benefit providers.
Preliminary procedure
Under § 68 VwGO, legality and expediency must be reviewed in a preliminary procedure before an action for annulment is brought; this does not apply if a statute so provides or if a supreme federal or state authority issued the administrative act. For social matters, § 78 SGG applies accordingly; this objection is mandatory under federal law and unaffected by state law. Several Länder have abolished the preliminary procedure in general administrative law in whole or in part.
Bavaria: Under Art. 12 AGVwGO (official short title; earlier version Art. 15), objection is provided for only in the cases of para. 1 nos. 1 to 6, including local levies, agricultural and subsidy law, school law, housing benefit, BAföG, youth welfare, severely disabled persons' law, civil service matters excluding disciplinary law, examination decisions as well as broadcasting contribution, maintenance advance, care home law, war victims' welfare and ESF funding. Otherwise the preliminary procedure does not apply (para. 2). This applies only to Bavarian state authorities, municipalities, associations of municipalities and bodies under state supervision (para. 3). "Social benefits law" is misleading as a collective term: the objection under § 78 SGG remains mandatory under federal law.
North Rhine-Westphalia: § 110 Abs. 1 Satz 1 JustG NRW abolishes the preliminary procedure in principle. Exceptions (paras. 2 to 4 (not checked in full text)): para. 2 preliminary procedure required by federal or EU law, examination decisions, school law, training support, broadcasting contribution, housing benefit, child and youth welfare, enforcement authorities; para. 3 affected third parties (building permit, occupational safety, trade law); para. 4 other state-law provisions. Abs. 1 Satz 3 contains a special rule for local levies and real property taxes (1 November 2007 to 31 December 2015).
Berlin: The preliminary procedure has not been abolished; objection is the rule, with isolated exceptions, for example in the case of the obligation to leave the country under immigration law (not checked in full text).
Lower Saxony: § 8a Nds. AG VwGO. Other Länder: follow the instructions.
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.