Inspection of files in and outside administrative proceedings

  • Performance specification

    The question of the extent to which a citizen may inspect the files kept by a public authority arises in particular when a citizen, as an applicant or other party in administrative proceedings affecting him or her, wishes to clarify the facts on which a public authority has based its decision or which legal options are available to him or her.

    As far as the right to inspect files relating to ongoing proceedings is concerned, this right to inspect files is generally regulated in section 29 of the Hessian Administrative Procedure Act (HVwVfG).

    In addition to this general regulation, there are, however, a large number of special regulations that regulate the right to inspect files in whole or in part specifically for individual areas. For reasons of clarity, these special regulations cannot be dealt with in more detail here.

    A citizen may also request inspection of files outside of ongoing administrative proceedings. However, the authority holding the file then decides on the granting of file inspection according to its due discretion. In this respect, a citizen has a right to a decision on a request for inspection that is free of discretionary errors, provided that he or she asserts a legitimate interest in inspecting the files.

    The following section focuses on the inspection of files relating to ongoing proceedings. This case is also of particular interest in administrative practice.

  • Process flow

    In principle, the inspection of files must take place at the authority holding the file. The party involved must therefore go to the respective authority. The request can be made informally and without notice. The authority may determine that file inspection is only granted in the presence of a supervising representative of the authority. There is no entitlement to file inspection without the presence of a supervising person.

    Likewise, the authority may, in individual cases, at its due discretion, also allow file inspection at another location (e.g. if a party lives at a greater distance from the seat of the authority keeping the file). In this case, the files may be sent to another authority at the request of the party concerned, and inspection of the files may take place there. If necessary, files may also be inspected at a diplomatic or consular representation of the Federal Republic of Germany abroad.

    If a lawyer is involved and authorised on the side of the party involved in an administrative procedure with regard to this procedure, the inspection of files shall also take place at the authority with regard to this lawyer. However, the authority may, at its discretion, exceptionally determine that a lawyer is also allowed to take the files to his office or that the files are sent there. However, there is no entitlement to the files being handed over.

    Overall, the authority may determine the manner of file inspection at its due discretion. In particular, the authority may also determine the time of inspection of the files. However, the inspection of files must be granted under reasonable conditions.

    The inspection of files includes not only written documents, but also all other documents relating to a specific procedure (e.g. plans, photographs, maps or other data carriers).

    Inspection of files does not only mean mere inspection. In fact, especially in the case of extensive files on a case, inspection of files can often only be meaningful if the party involved is given the opportunity to make copies or photocopies of the contents of the file.

    In proceedings involving uniform submissions or in proceedings involving more than 50 persons in the same interest, only their representative shall have a right to inspect the file, provided that representation is made in such cases.

  • Requirements

    The right to inspect files exists for those involved in an administrative procedure. These are above all:

    • Applicant
    • Respondent
    • Addressees of an administrative act
    • Contracting party to a public law contract

    The right to inspect files only applies to the files relating to the proceedings and only to the extent that knowledge thereof is necessary for the assertion or defence of the legal interests of the party/parties involved.

    In the context of an administrative procedure, the right to inspect files does not include drafts of decisions and the work directly preparing them until the conclusion of the administrative procedure.

    The authority is not obliged to allow the inspection of files insofar as

    • the inspection of files interferes with the proper performance of the authority's duties,
    • the disclosure of the contents of the files would be detrimental to the welfare of the Federation or of a Land, or
    • processes must be kept secret by law or by their nature, namely because of the legitimate interests of the parties involved or third persons.

    Secrecy due to legal regulations or due to justified interests of a third party results in particular from tax secrecy, social secrecy, data protection as well as from the fact that company and business secrets are to be protected. Likewise, the private and intimate sphere of third private persons is subject to secrecy by its very nature. This usually includes, for example, information on income and assets, family circumstances or medical reports.

  • Which documents are required?

    As a rule, the party involved in an administrative procedure will not have to submit any further documents when requesting access to the files of an ongoing procedure, as he/she is known to the authority as a party to the procedure. However, in individual cases it may be necessary to explain to what extent the requested inspection of files is necessary to assert or defend legal interests.

    The situation is different, however, in cases where inspection of files is requested without this taking place within the framework of ongoing administrative proceedings. In this case, the person requesting access to the files must demonstrate his or her legitimate interest to the authority holding the files.

  • What are the fees?

    • If a party has copies or photocopies made from the file, it shall bear the costs incurred by the authority keeping the file.
    • A fee of 12.00 euros per consignment is charged for sending the file.

  • Legal basis

    General regulations

    • § Section 29 of the Hessian Administrative Procedure Act (HVwVfG)
    • No. 113 and 21 of the Administrative Cost Schedule to § 1 of the General Administrative Cost Regulations (AllgVwKostO)

    Special regulations (exemplary)

    • § Section 72 (1) Hessian Administrative Procedure Act (HVwVfG)
    • § 25 Tenth Book of the Social Code (SGB X)
    • Hessian Environmental Information Act (HUIG)

Who do I need to contact?

the authority responsible for the file

Responsible departments