Aim of the complaint management
To give every citizen residing in the German-speaking Community the opportunity to file a complaint free of charge. To grant each complainant the right to authorize a person with legal capacity to represent him/her.
Filing a complaint: (Art.7)
Every complaint must be submitted or written down in writing. The complaint form is available to the complainant for this purpose. Should the complainant appear in person, the complaint handler can assist him or her in filling out the form, if necessary.
Every complaint must be submitted or written down in writing. The complaint form is available to the complainant for this purpose. Should the complainant appear in person, the complaint handler can assist him or her in filling out the form, if necessary.
Acknowledgement of receipt of a complaint: (Art.8)
This confirmation with the date of receipt should be sent by e-mail or in paper form immediately after the complaint has been submitted.
This confirmation with the date of receipt should be sent by e-mail or in paper form immediately after the complaint has been submitted.
Review of admissibility:
An appeal is admissible if: (Art.5)
it is submitted in writing or presented in person and then recorded in writing
it concerns concrete official acts and procedures
it contains a description of the matter
it is submitted in German or French language
A complaint is inadmissible if: (Art.6)
it is submitted anonymously
it is unfounded
the complaint was filed with a delay of one year
in case of an appeal against a decision, the procedure prescribed by law was not followed
the procedure prescribed by law has not been observed (the decision usually contains a reference to the
procedure)
in the case of personnel matters (e.g., in the case of harassment or disciplinary proceedings, reference to specific
procedures), unless the complainant can credibly demonstrate that he or she cannot be helped
cannot be helped elsewhere
an administrative or judicial appeal is available
An appeal is admissible if: (Art.5)
it is submitted in writing or presented in person and then recorded in writing
it concerns concrete official acts and procedures
it contains a description of the matter
it is submitted in German or French language
A complaint is inadmissible if: (Art.6)
it is submitted anonymously
it is unfounded
the complaint was filed with a delay of one year
in case of an appeal against a decision, the procedure prescribed by law was not followed
the procedure prescribed by law has not been observed (the decision usually contains a reference to the
procedure)
in the case of personnel matters (e.g., in the case of harassment or disciplinary proceedings, reference to specific
procedures), unless the complainant can credibly demonstrate that he or she cannot be helped
cannot be helped elsewhere
an administrative or judicial appeal is available
Schematic flow of a complaint
Citizen files a complaint with an institution Art. 7
(digital or in paper form)
(digital or in paper form)
Acknowledgement of receipt with date of receipt Art.8
Immediately after receipt of the complaint
Immediately after receipt of the complaint
Review of admissibility Art.9
14 days after receipt
14 days after receipt
Letter in case of admissibility Art. 9 + 10
• Complaint is admissible
• Name of the person handling the complaint
• Processing time 45 to max. 90 days
• Processing route
• How will the complainant be informed about the result?
• Complaint is admissible
Letter in case of inadmissibility Art. 9
Complaint is inadmissible
Name of the person handling the complaint
Reason for inadmissibility
Reference to possibility of complaint to the ombudsman service
forwarding to competent authority, if no objection is raised
Complainant informed about the result
Complaint is inadmissible
Review of admissibility Art. 9
14 days after receipt
14 days after receipt
Information letter about result Art. 12
• Reasoned decision
• Measures resulting therefrom
• Advice to close the file if the complainant is satisfied.
• Reference to ombudsman service, or other instances, if complainant would be dissatisfied
• Reasoned decision
Beschwerderegister der Einrichtung pro Kalenderjahr Art. 13
Anzahl der eingegangenen Beschwerden
Gegenstand der Beschwerden
Zulässigkeit/Unzulässigkeit
Bearbeitungsweg
Ergebnis
Getroffene Maßnahmen
Wird vor dem 31.3. des Folgejahres dem Ombudsdienst übermittelt
Anzahl der eingegangenen Beschwerden