The right of appeal is a fundamental right (article GG)
A complaint is an input to a decision-maker or higher authority to change a from the point of view of the Complainant's unsatisfactory decision
The appeal is an appeal against certain decisions of the courts, and in particular against decisions, rulings, and decisions in procedural questions.
The The complaint is decided usually by the next higher court. To see the basics of the complaint in the voluntary Jurisdiction, the contribution 'appeal - Voluntary Jurisdiction'. Particularly noteworthy is the fact that the decisions (resolutions) of the administrative court in interim legal protection proceedings in accordance with § Para. of the code of administrative procedure may be appealed with the complaint. As in the case of the appeal against first-instance judgments, it must be previously approved by the OVG. A prerequisite for a proper justification of the complaint, according to § of the ArbGG, according to the case-law (BAG. all - in-one ABR) the designation of the circumstances from which the infringement of rights and their relevance for the contested decision. The statement of grounds of Appeal must deal with the legal or factual arguments of the contested decision. General, formulaic phrases are not sufficient for this purpose.
Also must not restrict the Complainant to repeat his Legal argument from the courts.
The filing of a simple complaint is not subject to any time limit and is regulated in §§.
The following conditions: eligibility: The complaint is admissible against the rulings of the Chairman or decisions of the court in the first instance proceedings (investigative proceedings) and in appeal, if an appeal is not expressly excluded.
Complaint to everyone involved in the Process that is affected by the decision of the court is entitled. A time limit is not complied with, the complaint can be forfeited after a certain period of time.
The complaint is in writing or recorded at the office to be lodged with the court which issued the contested decision.
Result: The appeal is by the judge, the contested Decision adopted on their merits in a legal and factual point of view tested. The judge considers the complaint to be justified, it shall adopt a corrective decision.
The admission reasons correspond to those of the appeal
He considers them to be unfounded, he she shall submit them to the court of Appeal, the true merits of a decision. But The decision can also be to the detriment of the Complainant, as amended, there is a lack of a prohibition of Reformation in peius.
Furthermore, it is important to note that the implementation of the decision is not inhibited by the Loading of a complaint.
It is possible, however, that is exposed to full draw. In section of the code of criminal procedure regulated further appeal is only allowed against decisions of the district court and the court of appeal upon the issuing of an arrest warrant or a provisional placement. The Complaint entitlement is not based on the assumption that the defendant is actually in custody (for example, if the execution suspended due to the enforcement in other cases or is it a Überhaft). Is not clear whether the accused persons, a complaint authority, if the warrant has been suspended pursuant to section of the code of criminal procedure. According to the view of the OLG Hamm. two Ws the further complaint against the warrant of arrest is also permitted if this was out of prison. The nature of the article of the StPO, subpoenas may not be used with the remainder of the complaint to appeal. In § f code of criminal procedure regulated instant complaint is a special case of the complaint, and only in the cases expressly provided for by allowed: in accordance with § BetrVG provides that every worker has the right to complain to the competent Authorities of the establishment, if he feels aggrieved by the other employees of the establishment or by the employer or unfairly treated feels.
The works Council is obliged, according to § BetrVG, the complaints and remedy the situation.
The legal basis of the complaint, the right for civil servants section of the BBG or the particular Norm in the civil service laws of the Länder. The appeal against a negative legal aid decisions of the social courts, Neue Juristische wochenschrift - NJW, Gehrlein: First experiences with the reformed code of civil procedure - Revision and appeal-monthly publication for German law - MDR.
