Rights and obligations in dealing with authorities
Dealing with the authorities can be complex and often confusing, especially for people who are not familiar with the German administrative system. It is important to know their rights and obligations, in order to ensure that it is fair and lawful to be treated. Basic legal regulations are to be found in the administrative procedure act (VwVfG), which regulates the administrative activities of the authorities, as well as in the basic law (GG), which defines the rights of the citizens.
Fundamental rights in dealing with authorities
Every citizen has in dealing with authorities, certain basic rights that are enshrined in the basic law. These include:
- Right to Information: According to article 5 of the basic law, everyone has the right to get information from authorities to receive. This is due to the freedom of information act (IFG) specifies the access to official information controls.
- Right to be heard: in accordance with Section 28 of the administrative procedure act must be an authority to the Affected prior to the adoption of an onerous administrative act to listen to.
- Right to inspection: According to Section 29 of the administrative procedure act have Involved the right, in the files of the authority, insight to take.
- Right to a fair trial:article 20, paragraph 3, of the basic law guarantees the principle of the rule of law, which means that all the government measures to legal bases based and arbitrary Act is excluded.
Important dates in dealing with authorities
There are several important data, citizens should be aware of in dealing with the authorities:
- Application deadlines: Many regulatory applications have fixed deadlines. For example, a request for Arbeitslosengeld II (Hartz IV) must be provided to the job centre in a timely manner, to receive the benefits.
- Opposition periods: In the case of a negative decision they usually have a month to appeal. This is important in order to make his claims.
- Processing times: processing times may vary depending on the authority, and concerns vary. Some applications can be processed within a few weeks, while others may take several months.
- Appeal deadlines: Against tax assessments may within one month of the appeal will be.
- Periods of limitation: claims and claims against public authorities are subject to certain limitation periods, which may vary.
Obligations to the authorities
In addition to the Right there are also certain duties that need to take note of citizens in dealing with the authorities:
- Duty to cooperate: According to section 26 of the SGB X are citizens obligated to clarifying the facts. This may include the submission of documents or the attendance at hearings.
- Truth duty: citizens need to authorities and truthful information. False information can lead to legal consequences.
- Deadline: It is important that regulatory deadlines, no disadvantages to suffer. This affects both the application deadlines, as well as Opposition the time.
- Payment of duty: citizens are required to set fees and taxes by the deadline to pay.
- Reporting requirement: citizens have to certain Changes such as a move, your marital status or income changes, report to the appropriate authorities.
Regulations and laws
Authorities acting on the basis of laws, regulations and administrative provisions provide the legal framework for their Actions. Among the most important laws:
- The administrative procedure act (VwVfG): Regulates the process of management and creates the rights and duties of citizens.
- The social code book (SGB): Contains provisions to various social services such as unemployment benefits, child allowances, and pension insurance.
- The basic law (GG): Defines the fundamental rights of the citizens, and forms the Basis for the administrative action.
- Tax law (AO): The tax code regulates the tax law, and the obligations of the taxpayer.
- The Federal building code (BauGB): Regulates the building regulations and the obligations of the builders.
- The residence act (AufenthG): Determines the conditions for the entry, residence and Integration of foreigners.
Practical tips in dealing with authorities
Dealing with the authorities can be relieved by a few practical tips:
- Documentation: It is advisable to review all documents and correspondence with authorities be carefully documented. This can be in the event of a dispute helpful.
- Legal advice: In the case of complex issues, it may be useful, a legal advice. There are numerous counseling services, free or cost effective to offer support.
- Communication: Clear and polite communication to avoid misunderstandings and to speed up the process. It is important that all relevant information and to respond to queries quickly.
- Preparation for appointments: Prior to appointments with authorities, should have all the necessary documents are prepared, and any questions can be recorded.
- Self-help groups: The exchange with other stakeholders in the self-help groups can provide valuable tips and offer support.
- Evidence keep copies of all submitted documents and receipts should always be kept.
- Use of checklists: checklists help to ensure that no important documents or steps to forget.
Common problems and solutions
In dealing with the authorities, various problems may arise which can be solved with the right measures:
- Delays in processing: processing delays can often by regular Demands and to Comply with all deadlines are avoided. A written reminder can be helpful.
- Unclear notices: When a decision is unclear, you should not hesitate, directly to the authority to ask or legal advice.
- Rejection of applications: If an application is rejected, there is the possibility of appeal. For this purpose, the reasons for the rejection should be examined carefully and if necessary, additional documents to be submitted.
- Communication problems: Language barriers through the use of interpreters or special translation services to be overcome.
- Bureaucratic hurdles: In the case of complex bureaucratic requirements, it can be helpful to support by experienced individuals, or organizations to get.
Support by our Service
For those who have difficulties to understand the regulatory Writing, or to fill in forms, we offer a free Service. Users can upload authorities, letters, forms, or Post of lawyers, and in a simple language can. For foreign citizens and Refugees, we also offer Translations in your own language. Detailed filling AIDS for difficult forms round off our offer. More information can be found here.
Digitization and modern technologies
Digitalization offers new possibilities in dealing with the authorities and can simplify many of the processes:
- Online applications: Many authorities now offer the ability to submit applications online. This saves time and simplifies the process.
- Digital ID: With the introduction of the new ID card and the eID function can citizens online safely identify and deal with the authorities digital do.
- Apps and portals: There are various Apps and portals, and access to government services and a more rapid communication enable.
- Electronic records management: The transition to electronic records management, the processing time shorten and reduce the administrative burden.
- Video guidance: Some authorities now offer video consultations, the personal contact, replace, and ways to save.
Statistics for management processing
In order to understand the efficiency and challenges in dealing with authorities, are statistical data:
Topic | Average processing time | Success rate for appeals |
---|---|---|
Unemployment benefit II | 4 weeks | 20% |
Building applications | 8-12 weeks | 30% |
Naturalisation applications | 6-12 months | 10% |
Asylum applications | 6-24 months | 40% |
Child benefit | 2-6 weeks | 15% |
Tax declarations | 6-12 weeks | 25% |
Driver’s licence applications | 4-8 weeks | 50% |
Our Service for communication with the Authorities
Another offering that may be of particular value to people who do not speak English as a native language, very helpful, our Translation and understanding service. This Service helps you to translate complex letters from Authorities, and forms in an easy-to-understand language. Foreign citizens and Refugees can avoid misunderstandings and concerns more efficiently. More information can be found on our website here.
Conclusion
Dealing with authorities, requires both Knowledge of their rights as well as the awareness of the duties that one has to the authorities. By informed and prepared, you can simplify the process considerably. You can also use our Service to make it easier to official communications and to avoid misunderstandings.
A conscious and well-informed dealing with the authorities can not only save time and Stress, but also to ensure that his rights and claims are successfully asserted. You are always well documented and do not hesitate to seek help when you need it.