Administrative cases

“Ethnic profiling” is a form of institutional racism and describes discriminatory actions that consist of using specific attributions (skin colour, origin, ethnic/religious affiliation or language) as a reason for the police to carry out identity checks and searches without any concrete evidence.

Conditions for assistance in an administrative case are regulated under § 67 Section 7 of the Code of Administrative Court Procedure. Cases of ethnic profiling, for example, fall under this legal framework. Click here for more information on ethnic profiling.

The regulations for assistance cover only the accompaniment of the plaintiff before the court. The applicant must therefore be present at the hearing in order to be able to avail her/himself of assistance.

In administrative court proceedings, anyone may be an assistant who is authorized to represent a party as an attorney in fact by the administrative court itself. These may, for example, be employees of the person concerned, full-age family members, tax consultants or trade unions and employee associations. However, other persons may also be admitted to assist, insofar as this is relevant and necessary in the individual case. Such persons may be refused only if the court considers that they are not in a position to properly outline the dispute. However, legal practitioners and persons with a qualification for a judicial office must be admitted by the court in any case.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011