Judicial remedies / objection proceedings
If the relevant authority partially or completely rejects your request for recognition of professional qualifications, you may lodge an objection against the notice of objection with the authority rejecting your request.
Objection proceedings and action for failure to act
When filing an objection, which must contain apart from the precise designation of the notice of objection a motion of appeal stating the reasons, the objection period must be adhered to.
The following table gives an overview of the individual objection periods and shows how to proceed if the competent authority fails to act.
| Initial situation | Period | What to file and where | Legal foundations |
|---|---|---|---|
| The notice of objection contains instructions on legal remedies | 1 month from the date the notice was served | Filing of an objection with the authority mentioned in the legal remedies | § 119 (1) LVwG Schleswig-Holstein in conjunction with §§ 70 (1), 58 (1) VwGO |
| The notice of objection contains no instructions on legal remedies | 1 year from the date the notice was served | Filing of an objection with the competent authority | § 119 (1) LVwG Schleswig-Holstein in conjunction with §§ 70 (2), 58 (2) VwGO |
| The authority fails to act despite submission of a complete application including all documents required | 3 months from submission of the application | Action for failure to act brought against the local competent administrative court | § 119 (1) LVwG Schleswig-Holstein in conjunction with § 75 VwGO |
Notes on deemed clearance
Contrary to Article 13 (4) of the Services Directive (2006/123/EC), the Directive on the Recognition of Professional Qualifications contains no general provisions regarding deemed clearance, not even in the revised version from 20 November 2013 (2013/55/EU). (Legal basis: Article 51 (3) of the Directive on the Recognition of Professional Qualifications)
Failing a response by the competent authority, authorisation shall only be deemed to be granted in the special case of an application for a European Professional Card. (Legal basis: Article 4 d (5) of the Directive on the Recognition of Professional Qualifications)