Administrative supervision and enforcement also involve objection and (higher) appeal procedures, which are an essential part of the legal protection system within administrative law. These procedures provide citizens and stakeholders with the opportunity to challenge decisions made by government authorities that directly affect them. This allows them to assert their rights and have the legality of the decisions reviewed by independent judges.
Here are some key aspects of objection and (higher) appeal procedures in administrative supervision and enforcement:
Objection procedure: If a citizen or stakeholder disagrees with a decision made by a government authority, they can lodge an objection. This is typically done within a specified period, which is stated in the decision. The objection is submitted to the authority that made the original decision. This authority will review the objection and reconsider the decision.
Hearing: In many cases, the objection procedure includes a hearing, where the objector has the opportunity to orally explain their objections. Witnesses or experts may also be heard. This allows the objector to further support their position.
Decision on objection: After the objection procedure, the government authority issues a new decision, known as the “decision on objection.” This decision responds to the objections and confirms, modifies, or withdraws the original decision. Against this new decision, an (higher) appeal can be lodged.
(Higher) appeal procedure: If the objector is still not satisfied with the decision on objection, they can file an (higher) appeal with the administrative court. The (higher) appeal is handled by an independent judicial body that re-evaluates the decision and the objections.
Judicial ruling: After the (higher) appeal procedure, the administrative court issues a ruling. This determines whether the original decision and/or the decision on objection are lawful. If the court deems the decision to be unlawful, it may result in the decision being annulled, amended, or suspended.
The objection and (higher) appeal procedures are essential to provide citizens and stakeholders with the opportunity to assert their rights and to ensure that government decisions are made and executed lawfully and with due diligence. They contribute to legal certainty and ensure a fair and impartial legal process within administrative law.
