Complaint

If a complaint is made against an enforcement officer, for example due to a neglect of duties, the matter cannot be heard as an appeal in the courts. In such cases, the subject of the complaint is not a decision made by the enforcement officer that could be appealed and, for example reversed as a result.

If you suspect an enforcement officer of unlawful conduct or neglecting their duties, you can file a complaint. Unlawful conduct includes inappropriate behaviour or delaying the processing of a matter on purpose. Complaints can also be lodged about the enforcement officer’s actions, even if they are not subject to appeal. On the other hand, the appropriateness of enforcement measures or the exercise of the enforcement officer’s discretion in the matter cannot be assessed in the complaint procedure.

Instructions for lodging a complaint

Complaints about the conduct of enforcement officers can be addressed to the enforcement authorities or the general overseer of legality, i.e. the Parliamentary Ombudsman or the Chancellor of Justice.

The complaint must be filed in writing. There are no formal requirements for complaints, however, and they can be lodged by email, for example. The complaint must specify the enforcement officer’s conduct or decision considered unlawful by the complainant and describe how said conduct or decision was unlawful in the complainant’s opinion.

The subject of the complaint will be heard in the course of processing the complaint. The investigators can also ask for information and opinions from parties such as other authorities.

Complaints are usually not investigated if the same matter is currently being processed by another authority, such as a court of law. Neither will matters with an ongoing appeal process or which are still subject to appeal be investigated in most cases. Complaints concerning matters more than two years in the past will only be investigated for special reasons.

Sanctions resulting from complaints

There are a variety of remedies available, depending on factors such as the nature and causes of the error, if it is found that an enforcement officer has acted unlawfully or neglected their duties in the matter on which the complaint was lodged. Since complaints are not a remedy for decisions made by enforcement officers, the complaint process cannot in any circumstances change or reverse such decisions.

The enforcement officer who committed the error can be informed of the legal procedure or advised of the requirements of good governance. In serious matters, the enforcement officer can be reprimanded. If the conduct that gave cause for the complaint is serious enough to warrant an assessment under criminal or administrative law, the processing of the complaint will stop. All of the above sanctions are intended to ensure lawful conduct and consideration of the requirements of good governance in future.

Decisions made on complaints are not subject to appeal.

The investigation of complaints is free of charge.