Bundestag Addresses Principles of Administrative Justice and Asylum Procedures
Berlin, Germany – August 7, 2025 – The German Bundestag today released Drucksache 21/1158, titled “Kleine Anfrage zur Wahrung des Amtsermittlungsgrundsatzes in der Verwaltungsgerichtsbarkeit und dem Asylverfahrensrecht” (Minor Inquiry on the Preservation of the Official Inquiry Principle in Administrative Jurisdiction and Asylum Procedure Law). This document, published at 10:00 AM CEST, signals a focused parliamentary examination of a fundamental procedural principle within two crucial areas of German law.
The “Amtsermittlungsgrundsatz,” or the official inquiry principle, is a cornerstone of administrative justice in Germany. It mandates that administrative bodies and courts have a duty to actively investigate the facts of a case, rather than relying solely on the evidence presented by the parties involved. This principle ensures that decisions are made based on a comprehensive understanding of the facts, promoting fairness and accuracy in legal proceedings.
This minor inquiry specifically targets the application and observance of this principle within two particularly sensitive and complex legal domains: administrative jurisdiction and asylum procedure law.
In administrative jurisdiction, the principle of official inquiry is vital for ensuring that administrative actions and decisions are lawful and proportionate. It empowers administrative courts to independently gather evidence and question parties to ascertain the truth, thereby safeguarding the rights of citizens against potential administrative overreach or error.
The asylum procedure law is another area where the diligent application of the official inquiry principle is of paramount importance. Given the often life-altering consequences for asylum seekers, ensuring that all relevant facts are thoroughly investigated and understood is critical for just and equitable outcomes. This includes examining the applicant’s personal circumstances, reasons for seeking asylum, and potential dangers in their country of origin.
The “Kleine Anfrage” (Minor Inquiry) is a parliamentary tool used by members of the Bundestag to request information from the Federal Government. It typically involves a series of specific questions aimed at clarifying the government’s stance, understanding the current situation, or seeking information on specific policy areas. The nature of this inquiry suggests that parliamentarians are seeking to understand how effectively the official inquiry principle is being upheld in practice within these legal frameworks. Potential areas of concern might include the resources available for such investigations, the training of personnel, and any observed challenges in fully implementing the principle.
The publication of Drucksache 21/1158 indicates a proactive effort by the Bundestag to scrutinize and potentially strengthen the fairness and effectiveness of these vital legal processes. The responses from the Federal Government to these parliamentary questions will be keenly awaited, as they will provide valuable insights into the current state of the official inquiry principle and any potential avenues for improvement within German administrative jurisdiction and asylum law. This development underscores the Bundestag’s commitment to upholding due process and ensuring justice for all individuals within the German legal system.
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Drucksachen published ’21/1158: Kleine Anfrage Wahrung des Amtsermittlungsgrundsatzes in der Verwaltungsgerichtsbarkeit und dem Asylverfahrensrecht (PDF)’ at 2025-08-07 10:00. Please write a detailed article about this news in a polite tone with relevant information. Please reply in English with the article only.