Information
The remedial procedure is the first part of the objection procedure.
After filing an objection against an administrative act, the authority issuing the administrative act (output authority) is required to carry out a remedial procedure.
The facts on which the administrative act is based must be fully re-examined by the originating authority to determine their legality and appropriateness. Newly presented facts or a change in the legal situation must be taken into account. The exam includes:
The originating authority has the opportunity to look into the matter again and review its decision. She has the following decision options:
See also
Cost decision in the objection procedure
Opinion in objection proceedings
BVerwG April 28, 2009 – 2 A 8/08 (withdrawal instead of remedy)
BVerwG 01.07.1999 – 4 C 23/97
Gärditz: VwGO; 1. Auflage 2013
Weber: On the remedy according to Section 72 VwGO including cost decisions and their tenor; Municipal lawyer – KommJur 2006, 175