The contradiction procedure serves the repeated examination of an official decision by a place of the administration. It is permitted, if the citizen wants to resist a act of administration or the refusal of a act of administration.

The contradiction procedure (designates in such a way from official view) is from prozessualer view preliminary proceedings (designates in such a way from judicial view) for contestation and the obligation complaint and thus a condition for validity for these complaints.

The execution of a contradiction procedure is in accordance with "§ 68 exp. 1 P. 2 VwGO in certain cases impossible - usually against acts of administration of highest federation or Land authorities as well as against contradiction answers. In accordance with "§ 126 exp. 3 BRRG (Rahmengesetz for the standardization of the official right - official right framework law) a civil servant before each complaint from the official relationship must accomplish preliminary proceedings, even if this is not intended in the VwGO.

Preliminary proceedings begin 69 VwGO with inserting the contradiction, "§. It is to be inserted within one period from one month to publication of the attacked act of administration or after malfunctioning the erstrebten act of administration, "§ 70 VwGO.

The contradiction is inserted at the output authority, which issued the act of administration. If the authority considers the contradiction justified, it remedies it, as the attacked act of administration will issue waived and/or the erstrebte. It has thereby also the function of the remedy authority (see also remedy). If it does not remedy the contradiction, it submits the contradiction of the contradiction authority for decision, which issues a contradiction answer. The contradiction authority can be identical to the output authority, approximately in affairs of autonomy of the municipalities and circles, also. Even if the contradiction authority does not allow to the contradiction, complaint can be raised.

If the contradiction answer deviates from the disadvantage of the contradicting from the output answer, it concerns one reformatio in peius (lat.,

If the authority does not react to the contradiction longer time at all, an inactivity complaint is possible in accordance with "§ 75 VwGO.

It is disputed whether a contradiction inserted too late healed with material decision of the authority. This hangs considerably of whether where the purpose of the contradiction procedure is seen. According to an opinion the purpose lies with priority in the discharge of the courts. Since the VwGO contains compelling procedural law, the authority cannot jump over itself over it on one side.

The iurisdiction however sees a possibility of the self-check of the administration in preliminary proceedings primarily: Their it is to be again possible to examine the legal standard and appropriateness of a decision. Thereby also the jurisdiction is to be relieved. The period regulation serves thus alone the protection of the administration; if she does without this protection, a Verfristung of the contradiction healed.

It pay attention that within the range of the social right speciallegal regulations apply. The regulations are to a large extent identical and/or only slight deviating, but apply to social security benefits such as achievements of the ill or care cashes, pension-paying institutions and different the social legislation, tenth book (SGB X). To the social courts responsible in the social right thereby the social court law applies.

See also

• VwGO
• SGG

Related links

• Contradiction answer via juratexte.de - overview for the production of a contradiction answer in administrative preliminary proceedings. With detailed notes and text examples (pdf format).
• "§ 68 VwGO
• "§ 69 VwGO
• "§ 70 VwGO
• "§ 75 VwGO
• Total expenditure of the VwGO (pdf)

Articles in category "Preliminary proceedings"

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