If you have been discriminated against by a public authority, your complaint can be resolved in the administrative court, unless this discrimination occurred on the basis of a private law contract.
If you have been discriminated against by a public authority, your complaint can be resolved in the administrative court, unless this discrimination occurred on the basis of a private law contract, such as an employment contract or a contract for the provision of goods or services. Normally before bringing a case to the administrative court, you should have first complained to a public institution itself or an institution that conducts supervision over the institution’s work.
Complaint to a public institution
You must initially submit your complaint to the public institution itself within 30 days after the discriminatory decision was received or the discriminatory action was taken. If there is a special supervisory system established, the complaint can be submitted to the supervisory body within 30 days.
example The complaint should be submitted to an education authority of the respective local government if there has been discrimination by a municipal school. The supervisory authority will assess whether the school has acted lawfully and, where there has been discrimination, it may order that certain action be undertaken and compensation paid.
If you are not satisfied with the decision of the public authority, you may appeal it in the administrative court within 30 days or ask for a compensation of damages within 3 years.
Contents of the complaint
In your complaint, you should:
- description of the act or action that the complaint concerns
- reasons why you believe the act or action was discriminatory (including the grounds) (who, what, when, how);
- indicate what you want to achieve through the complaint: the remedy or amount of money you wish to receive in compensation;
- attach all relevant documents that substantiate your opinion, if there are any.
If you do not have access to the documents or decisions that may prove the truthfulness of your claim, both the public higher authority and administrative court have an obligation to investigate the matter independently and to establish the truth. This means that they have an obligation to seek all the relevant evidence themselves.
Appeal to the court
The administrative court will assess whether you have been discriminated against and choose the appropriate remedy for your situation. It may oblige the state institution to cease the discrimination, invalidate the decision in question, reinstate you in your previous position, and award you compensation.
The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages. Please note that the maximum amount you may receive in compensation is limited in accordance with the State Liability Act.