A Remonstration (of lat. remonstrare "again show ") is a remonstrance or an objection, which a civil servant raises against an instruction, which it received from its superior.

According to the regulations of the official right the official must examine its official actions for their legal standard. If it has doubts against the legal standard of an instruction, then it must remonstrieren opposite its direct superior, i.e. raise against the execution of the instruction of objections. If the direct superior confirms the instruction and if the doubts of the official are not eliminated, then the official must turn to the next higher Vorgesetzen. The official has here no scope for discretion. Confirmed the next higher superior (the superior of the Vorgesetzen of the remonstrierenden official) the arrangement, then the official must implement it. This obedience obligation does not meet the official however if it would commit a criminal offence by the observance of the instruction.

The official can protect himself by this procedure against Repressalien, if the illegality of the arrangement is determined later.

The Remonstrationsrecht is in the official everyday life an only rarely used right, since a Remonstrant fears frequently, as Querulant to be stamped. Nevertheless or straight is therefore brought up for discussion the Remonstration in newer contributions to the administrative ethics as well as to the Whistleblowing (uncovering of scandals).

Literature

• Johannes Rux: The Remonstrationsrecht. A tradition of the liberal of constitutional In: An official today. March 1992. Federation publishing house, P. 10-14,

Articles in category "Remonstration"

We found here 5 articles.