administrative appeal procedure

How does it work?

The appeal is submitted in writing or electronically to the authority that issued the decision. If that authority upholds the appeal, the matter is resolved. Otherwise, an appeal decision is issued, against which an action before the administrative court is available. In examination law, the review procedure by the examiners is regularly incorporated into this process, which is why the reasoning should be substantive and specific. The reasoning may be submitted later, but the deadline itself cannot be extended. A deadline-preserving appeal in two sentences is permissible; the substantive reasoning follows after access to the file. The appeal suspends the finality of the decision but does not provide an additional examination date.

What deadlines and special features apply?

One month from the date of notification. If no legal remedy instruction is included, or if it is incorrect, the deadline is extended under § 58 paragraph 2 of the Code of Administrative Court Procedure to one year. Under § 68 paragraph 1 sentence 2 VwGO, a statute may dispense with the pre-trial procedure; several states have made use of this, in some cases with exceptions for examination decisions. In practice, it is the legal remedy instruction in the decision that determines whether an administrative appeal or a direct court action is the right route. An administrative appeal may also carry a fee. The deadline begins on the date of notification, not the day the letter is actually read. The deadlines and requirements are governed by the applicable examination regulations and state law and should be checked by a lawyer if in doubt.

What does this mean for graduates from EU countries?

There is no German administrative appeal procedure against examination decisions from a university in Bulgaria, Hungary, or Croatia; the legal remedies of the country of study apply there. In Germany, the procedure becomes important when an approvals authority or medical association makes a decision — for example on the result of the knowledge test or on the recognition of a qualification. Decisions often arrive by post to a German address while the addressee is still living abroad, and the one-month deadline runs nonetheless.

Practical tip

First request file access, then draft the reasoning. Those who argue without knowing the assessment documents rarely identify the key weakness.