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Emergency

File access in administrative proceedings: your right toward the authority

Anyone involved in administrative proceedings generally has a right to inspect the files concerning the proceedings. This helps to understand a decision, defend yourself or prepare a legal remedy.

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Parties to administrative proceedings can demand access to the files concerning the proceedings, insofar as this is necessary to assert or defend their interests (§ 29 VwVfG of the federal government or the corresponding state rules).
File access can be restricted, for example to protect secrets or the rights of third parties. Some matters are subject to special rules.

What you should do now

  1. 1

    1. Clarify involvement

    Check whether you are a party to the proceedings and have a legitimate interest.

  2. 2

    2. Submit the application

    Apply for file access in writing at the responsible authority, stating the purpose.

  3. 3

    3. Attend the appointment

    Inspect the file or ask for copies, insofar as permissible.

  4. 4

    4. Use the findings

    Use the information for statements, an objection or a lawsuit.

How to spot the scam

  • The authority refuses access without a comprehensible reason.
  • You apply for access without being a party to the proceedings.
  • Deadlines for legal remedies are running before access has occurred.

Frequently asked questions

Do I have a right to file access at the authority?

As a party to administrative proceedings generally yes, insofar as the access is necessary to safeguard your interests (§ 29 VwVfG or state law). Outside of ongoing proceedings, access is governed by the freedom-of-information laws.

Can file access be refused?

It can be restricted or refused, for example to protect trade and business secrets, personal data of third parties or if the proper course of the proceedings would be endangered. A blanket refusal without a reason, however, is not permissible.

Do I get copies of the file?

Often yes, for an appropriate copying fee. Whether you inspect the file on site or receive copies depends on the authority and the scope. Submit the application in time, so that you can keep any running legal-remedy deadlines.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.