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Standing to request reconsideration in administrative procedure

VVGE 1971/75 Nr. 25Other CourtApr 2, 1974Dismissed

Open source

Extracted by Omnilex

Omnilex summary

The Regierungsrat held that standing to file a reconsideration request in administrative procedure follows the same logic as standing to lodge an appeal: only a person whose rights are affected by the decision may apply. Reconsideration is therefore available only to a person who had party status in the proceedings concluded by a formal decision. The publication states the governing principle abstractly and does not provide further factual details.

Omnilex headnote

Standing to request reconsideration in administrative proceedings; the right to file a reconsideration request is limited to persons affected in their rights by the administrative decision, in the same manner as the right to appeal. Reconsideration may therefore be sought only by a person who had party status in the proceedings concluded by a formal decision (consid. 1).

Full text

Entscheidpublikation VVGE 1971/75 Nr. 25, S. 26:

Verwaltungsverfahren.

Legitimation zum Stellen eines Wiedererwägungsgesuches.

Entscheid des Regierungsrates vom 2. April 1974 (Nr. 1735).

Rekurs und Wiedererwägungsgesuch ist gemeinsam, dass zur Einreichung berechtigt ist, wer durch eine Verfügung in seinen Rechten betroffen wird. Wiedererwägung kann demnach nur jemand verlangen, der in dem durch formellen Entscheid abgeschlossenen Verfahren Parteistellung hatte.

Keywords

administrative procedurestandingreconsiderationparty statuslegal interest

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Who is entitled to file a request for reconsideration of an administrative decision?

Extracted holding

Only a person affected in his or her rights by the decision may request reconsideration; this means, in principle, only someone who had party status in the procedure concluded by a formal decision.

Extracted reasoning

Standing for an appeal and standing for reconsideration are analogous in that both require that the person be affected in rights by the decision. From this, the court derived that reconsideration is available only to a person who was a party to the proceedings terminated by a formal decision.

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