Statement of the German Bundestag participants in the CBSS seminar in Tallinn, Estonia, on 29 August 2003

Efficiency of ombudsman institutions and developing quality indicators

The right of petition is one of the basic rights in Germany, the essence of which may not be encroached upon. Petitioners are entitled since a constitutional jurisdiction to have their petitions registered and examined and to be advised in writing about how the petition is to be dealt with by the legislature.

The investigation of a complaint by the Petitions Committee generally begins with a request for information being made to the responsible organ of the Federal Government. The parliament's right to receive information from the Federal Government therefore forms the key basis for the preparation of a recommendation for a resolution. In addition, Article 43, paragraph 1 of the Basic Law empowers the Petitions Committee to demand the attendance of any member of the government.

In line with Rule 112, paragraph 1 of the German Bundestag's Rules of Procedure, the Petition's Committee submits to the plenary of the German Bundestag a recommendation for a resolution, setting out the way in which it believes the petition should be dealt with conclusively.

Some petitions can be dealt with by simply providing advice or information. In other cases, the most common recommendations for resolutions are as follows: firstly, to conclude the proceedings because the matter has been settled as requested by the petitioner or, secondly, to conclude the proceedings because it was not possible to settle the matter as requested by the petitioner - either because the actions of the administration concerned gave no cause for criticism, or because there was no prospect of the law in question being changed.

In addition, the Petitions Committee may give the following recommendations for a resolution:

·     -  that the petition be referred to the Federal Government for remedial action, where the petitioner's concern is justified and the situation needs to be remedied;

·     -  that the petition be referred to the Federal Government for re-examination, when the submission makes it seem justified to request the Federal Government to review the matter and seek ways of remedying the situation;

·    -  that the petition be referred to the Federal Government as background material, in order that the government takes it into account when preparing bills, ordinances or other initiatives or studies;

·     -  that the petition be referred to the Federal Government simply to draw the government's attention to the matter raised by the petitioner or to point out the reasons for the resolution adopted by the Bundestag;

·     -  that the petition be forwarded to the parliamentary groups in the German Bundestag for their information, because it appears to be a suitable matter for a parliamentary initiative, or in order to particularly draw the attention of the parliamentary groups to the matter raised by the petitioner;

·     -  that the petition be referred to the European Parliament, since its competence is affected.

Once the plenary has adopted a resolution, the petitioners are informed about the manner in which the petitions have been dealt with and in general this communication states the reasons for this.

In cases where petitions are referred to the Federal Government for remedial action and for re-examination, the Federal Government is obliged to report back to the Bundestag on measures which have, or have not, been taken to remedy the situation set out in the petition. The Petitions Committee must then make a judgement on these responses from the Federal Government on behalf of the plenary, before the petition proceedings are concluded.

The 25 members of the Petitions Committee (11 from the SPD, 10 from the CDU/CSU, 2 from Alliance 90/The Greens and 2 from the FDP) see themselves as the first point of contact for citizens' concerns. They try to assist the citizens by overcoming bureaucratic obstacles and resistance and helping to ensure that those complaints which are justified are successfully remedied.

After German reunification, the number of petitions rose steadily from between 11 and 14 thousand per year during the eighties to just under 24 thousand a year in 1992. After this point, the number of petitions once more sank in a series of waves. By 2002, the number of petitions had fallen back approximately to pre-reunification levels. The Petitions Committee of the German Bundestag has, in 2002, overall, been able to help petitioners in almost every second case. This demonstrates, in my view, the important role the right to petition plays in Germany. It is about living democracy, whose means are used to bring to the direct attention of the parliament, via the Petitions Committee, people's problems with state authorities, concrete complaints and difficulties with the implementation of laws which have been passed. The Committee aims to provide comprehensive and targeted assistance to petitioners.

It is noticeable that the Federal government is endeavouring to use all the means at its disposal to ensure that it keeps up in particular with those petitions referred to it for it to take remedial action or for it to examine the matter again and consider ways of remedying the situation. Frequently however, the simple fact that the Petitions Committee is dealing with a matter is sufficient to ensure that discretion which exists is used to the benefit of the petitioner, meaning that many cases can be closed before the parliamentary procedure itself has even begun. In other cases, more complex mediation processes and intensive discussions with those involved are necessary. The Committee often works together with government representatives at an early stage to try and find a joint solution to deal with the petitions.

Summarizing my statement I would like to state that the right to petition in Germany is very efficient and, as my colleague this morning stated, proved to be a success.