The citizen and public administration : Germany

After an evolutionary period of more than 100 years, the Basic Law set the seal on a comprehensive system of legal protection against the actions of public authorities. It enabled the citizen to challenge any measure that affected him on the ground that it violated his rights. This applies to any administrative act, be it a tax assessment notice or a decision whether or not to promote a school pupil to the next grade, be it the withdrawal of a driving license or the refusal of a building permit. Administrative courts were unknown in the GDR. Now administration in the new federal states, too, is subject to overall control by the courts.

The legal protection afforded by the courts with subject matter jurisdiction is complemented by a right of complaint to the Federal Constitutional Court. This “constitutional complaint” is open to every citizen and is an extra form of legal redress against any violations of basic rights by a public authority. The complainant must show that one of his basic rights has been infringed by a public act, tor instance a court decision or an administrative measure but also a law. Normally, such complaints may only be lodged after all other remedies afforded by law in the courts with subject matter jurisdiction have been exhausted.