Appealing Against Decisions

A Petition for Review

If you are dissatisfied with decisions made by the City Board, committees, commissions or officials, you can lodge a complaint. A petition for review is a compulsory preliminary step to a municipal appeal. A petition for review can be lodged with any city authority except the City Council. A petition may be lodged by the party concerned, i.e. the person against whom the decision has been taken or whose rights, obligations or interests are directly affected by the decision, or by a member of the municipality.

However, dissatisfaction with decisions of the City Council may be expressed directly by means of a municipal appeal.

How to Make a Petition for Review?

If you are dissatisfied with decisions of the City Board or committees, you should appeal directly to them. If you want to appeal against decisions of the institutions or officials under their authority, you should address your complaint to the City Board or the relevant committee. You must submit your complaint to the body which took the decision within 14 days of the date on which you received the decision. Please note that you cannot lodge an appeal against a decision on preparation or implementation. For more detailed instructions, see the guidelines on appeals attached to minutes and decisions. Appeals must be made in writing.

A petition for review must contain following information:

• name of the petitioner
• occupation
• municipality of residence and postal address
• the decision which is being appealed against and the aspects of the decision which are being petitioned for reviewing; and
• what changes are required to be made
• the grounds for the petition for review

The petition for review must be made on the grounds of expediency or legality. The petition must be signed by hand.

The petition shall be dealt with as soon as it reaches the responsible authority.

Note! The authority dealing with the appeal will deal with the complaint itself and not with the whole matter which is the subject of the complaint.

A Municipal Appeal

If you are not satisfied with the answer you receive to your petition for review, you can appeal against the decision by lodging a municipal appeal. A municipal appeal is lodged with an administrative court and must always be in writing.

You can also lodge a municipal appeal if you want to appeal against decisions taken by the city council or the local authority. A municipal appeal must be made in writing.

The party concerned, i.e. the person against whom the decision is directed or whose rights, obligations or interests are directly affected by the decision, and the member of the municipality, may lodge a municipal appeal. Only the person who made the original petition for review may lodge a municipal appeal. If the decision has been changed as a result of a petition for review, the other members of the municipality concerned who were satisfied with the original decision may also appeal against the decision by means of a municipal appeal.

How to Make a Municipal Appeal?

Please note that you can only lodge a municipal appeal on grounds of legality: the decision was taken in an incorrect order, the authority that took the decision exceeded its powers or the decision is otherwise unlawful. The appeal must be lodged in writing within 30 days of the date of notification of the decision.

The notice of the appeal, addressed to the nearest administrative court, must contain the following information:

• name of the appellant
• occupation
• municipality of residence and postal address
• the decision which is being appealed against and the aspects of the decision which are being appealed against; and
• the amendment requested, the grounds for the appeal and the signature of the author of the appeal.

The letter of appeal must be accompanied by the decision being appealed (either the original or an officially certified copy) and a statement of the date from which the appeal period starts.

You may forward the notice of appeal by post at your own risk or by courier. Please note that letters sent by post must arrive before the expiry of the time limit for lodging appeals.

An Administrative Appeal

A lot of decisions are made in the municipality under various special laws. Special laws cover areas such as schools, social welfare, health and the environment. The appeal provisions in these special laws vary widely. The form of appeal is often an administrative appeal, which is not limited to the grounds of legality but can also be made on the grounds of expediency, i.e. that the decision is inappropriate in the opinion of the appellant.

The time limit for appeals is 30 days from the date of notification of the decision, unless otherwise specified. Many specific laws require a petition for review to be lodged before an administrative appeal can be lodged. In some cases, an appeal under the Municipal Act may also be possible.

An administrative appeal can only be lodged by the party concerned, i.e. the person against whom the decision has been taken or whose rights, obligations or interests are directly affected by the decision.

Always check the procedure in the minutes or in the appeal instructions accompanying the decision before lodging an appeal under a specific law. Some specific laws may contain prohibitions on appeals.