The remonstrance is an informal plea. With their a public place is requested to examine and correct their own acting again.

As informal plea the remonstrance is bound not on a certain form or period and can be inserted repeated. It sets neither one weights (impairment of own rights) ahead, still at all the statement of a law breaking by the attacked measure. With their it can be made also valid thus in particular that another acting would be more appropriate. The remonstrance is discharge of the Petitionsrechts, from which it follows that there is no requirement on a new judgement on the main issue, only the requirement on answer.

Germany

The hearing resembles the remonstrance. This addresses itself likewise to the same instance, which decided already once in the thing. In contrast to the remonstrance the hearing is legally regulated and period-bound. In addition their range of application is limited to the injury of the legal hearing one legal proceedings. On the other hand the remonstrance can turn also to authorities and state objections of each kind, also such not legal nature.

The word Remonstration, which was used in former times equivalently to remonstrance, is used in the modern legal terminology for the formal objection of an official against an official instruction.

Literature

• Wolf Ruediger gives: Administrative procedural law. 6. Edition. Mueller, Heidelberg 1998 (emphasis, Bd. 18), Rdnrn. 2-7a, ISBN 3-8114-3799-2

Articles in category "Remonstrance"

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