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Basic Training Regulation E 2A-Bmj

Original Language Title: Grundausbildungsverordnung E 2a–BMJ

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58. Ordinance of the Federal Minister of Justice on the basic training for the Executive Service in the Working Group E 2a in the Justice Department (Basic Training Regulation E 2a-BMJ)

On the basis of § § 25 to 31 and 144 of the Civil Service Act 1979 (BDG 1979), BGBl. No. 333, as last amended by the Federal Law BGBl. I No 210/2013, shall be arranged:


§ 1. This Regulation lays down the basic training for the staff of the Executive Service in the area of application E 2a in the Justice Department.

The aim and principles of basic training

§ 2. (1) The aim of basic training is to familiarist the staff with the tasks and functions of criminal justice in general and those of the enforcement of criminal and measures in particular, based on the position of the judiciary in the state of the state. It is based on the maintenance of human dignity, particularly in the circumstances of the deprivation of liberty, and is intended to impart the knowledge that would result in a high-quality fulfilment of those with the Executive Service. the tasks relating to the area of application E 2a in the judicial department.

(2) In the case of training, the following basic and guiding principles are particularly to be observed:


the training conveys job-specific knowledge, practical skills and skills;


the training promotes cross-linked thinking and acting as well as the integration of legal, executive and social-communicative content (including work on case studies);


the teaching material shall be conveyed according to the state of the art and in accordance with the requirements of the Executive Service;


teaching is to be designed in a clear and present-day way;


The participants in the course are to be responsible for self-employment and cooperation;


To promote personal learning management and self-employment in the acquisition of knowledge;


Modern teaching methods, such as interactive teaching and learning methods (e-learning), are also used in the design of teaching methods;


to current developments in the field of pedagogy is to be taken into consideration;


Quality assurance must be carried out through regular evaluation.

(3) In terms of content and methodology, this basic training curriculum aims at the teaching of technical and technical knowledge as well as on the acquisition of methods and action knowledge in the sense of a practice-oriented training. In this context, taking into account scientific knowledge and methodologies, the professional skills and knowledge required for the performance of the tasks, which are of high quality, professional and responsible, and personal skills.

(4) The basic training is intended to promote the development of employees and to increase personal job satisfaction through action safety.

Organisation and management of basic training

§ 3. (1) For the basic training referred to in § 1, the responsible subordinate service authority (law enforcement authority) shall have in the sense of a forward-looking planning point management in accordance with the requirements of the planning and suitability of the planning and the suitability of the planning authority as well as to carry out basic training courses on behalf of the Federal Ministry of Justice in accordance with the training requirements.

(2) The management of the basic training courses is the responsibility of the Executive Directorate. This can be carried out with regard to the immediate organisational implementation and, if necessary, the perception of the direct service and professional supervision of the educational establishment for the enforcement of criminal and measures (§ 12 para. 2 last sentence) of the Criminal Law-StVG, BGBl. No. 144/1969). The management of each basic training course is to be entrusted to a person who is appropriate in terms of technical and pedagogy.

Admission to basic training

§ 4. (1) The admission to basic training courses for the use group E 2a is, in addition to the fulfilment of the requirements of Z 9.11 of Appendix 1 to the BDG 1979, the result of the selection procedure to be carried out in accordance with § 5 and the more clearly defined in § 5 Admission requirements depend. The approval is the responsibility of the law enforcement authority in coordination with the Federal Ministry of Justice.

(2) Federal staff admitted to a basic training course shall be


an employment ban under the maternity protection law 1979 (MSchG), BGBl. 221,


a Karenz according to the MSchG, according to the Väter-Karenzgesetz (VKG-Karenzgesetz, VKG), BGBl. No 651/1989, or in accordance with § 75 (1) BDG 1979 in conjunction with Section 10 (4) (1) of the salary act 1956 (GehG), Federal Law Gazette (BGBl). 54,


a part-time employment according to the MSchG or the VKG or


A reduction in the weekly service period according to § 50b BDG 1979

if they are prevented from participating, they shall be allowed to attend the basic training course immediately following the completion of the obstacles periods referred to in Z 1 to 4.

(3) The practical use in the executive service required for admission to the basic training course for the use group E 2a in accordance with Z 9.11 of Appendix 1 to the BDG 1979 must be carried out in a judicial institution or other organisational unit of the Prison sentences have been completed.

(4) In accordance with the economic, territorial and capacity conditions, the Executive Directorate, with the agreement of the Federal Ministry of Justice, may also participate in the participation of employees of other local authorities. Allow basic training courses according to § 1.

Selection procedure

§ 5. (1) Executive staff shall only be admitted to a basic training course for the use group E 2a if:


expect their personal and professional competence for the performance of the tasks associated with the intended use; and


on the basis of the forward planning, the necessary requirements for planning and requirements are expected to be available.

(2) The personal aptitude shall be based on the general mental, physical and character ability to obtain the professional competence for the training and performance of the qualification.

(3) The execution of the selection procedure shall be the responsibility of the Executive Directorate. the educational institution responsible for carrying out the implementation of the implementation of criminal law and measures. The selection procedure, which can be standardised as far as possible, takes place in several phases, taking into account both the achievements to date and the results of the selection tests. The selection tests are to be divided into a professional and a physical (fitness and motor) part. In addition, a hearing is to be carried out with all applicants.

(4) If the number of applicants for a basic training course is greater than the number of available training places, the service authority shall take the necessary measures in accordance with the relevant service requirements. Meet requirements. If the number of apprenticeship positions cannot be changed, the number of points reached in the successfully filed selection test is the same as the number of points, with the same score


shall be subject to the provisions of § § 11c and 11d of the Federal Equal Treatment Act, Federal Law Gazette (BGBl). N ° 100/1993, and the relevant women's support plan for the Justice Department (in particular its rules on priority in education and training), otherwise


after the longer effective service period

to put up.

(5) The selection procedure shall be valid for a maximum period of five years. In the cases referred to in § 4 (2), this period shall be extended by the duration of the suspension of the participation in the basic training course. Without prejudice to this, the service authority shall, before the end of this period, carry out a new selection procedure in accordance with the conditions laid down in the planning and requirements requirements.

(6) In the case of applicants who have taken part in a selection procedure but have not been able to complete this procedure due to special circumstances which are particularly worthy of consideration, the validity of the parts successfully completed until then shall end of the selection procedure five years after the removal of the obstacle.

General structure of basic training

§ 6. (1) The basic training referred to in § 1 shall be carried out as far as possible and expediently in the form of a modular course.

(2) Part of the course shall be designed as a training course at selected workplaces, which will be used for the purpose of introducing the tasks and requirements of the Working Group E 2a, and as a practical use in the judicial institutions. The training at the workplace is intended to be used for the purposes of a possible later use.

Design of basic training

§ 7. (1) The basic training is divided into several successive stages of training (phases), of which two are to be designed as training courses in block form and two as practical uses (training courses at selected jobs).

(2) This course has (in each case without the inclusion of the periods for self-study, examination preparation and examinations),


a theory education in the total duration of around 24 training weeks and


A practical training part in the duration of approximately six weeks of training

shall be included.

(3) As far as this is appropriate, parts of the course can also take place in modular form and can also be designed using e-learning.

(4) In detail, the following training sections (phases), forms of training, training periods and training stations are foreseen for the training curriculum:

Theory I

Practice I

Practice II

Theory II














11 weeks

3 weeks

3 weeks

13 weeks

1 day

1 week

3 days

1 day












(5) In addition, an hourly reserve is available to the extent of a training week.

(6) In the context of pre-planning, a corresponding separation between theory and practice blocks must be respected. The theoretical and practical teaching is to be designed according to modern didactic points of view and practice-oriented and, if this is possible, appropriate and acceptable for safety reasons, and compatible with human dignity, also with corresponding exercises.

(7) The contents of the basic training course are shown in detail in the Annex .


The reported hours include the knowledge transfer, including all-forged exercises, as well as phases of deepening and training reflection.


From pedagogical and didactic perspectives, the duration of the training in each department can be exceeded or undershot by up to twenty hours, with the total number of hours not to be exceeded; also in the case of a Overrun may not exceed the total duration of the basic training for 33 weeks. Similarly, for educational and didactic reasons, the Executive Directorate may modify the chronological sequence of the above-mentioned training contents and training objectives, and the total content shall be maintained.


The theoretical training has to be based on the content of the teaching assistant approved by the law enforcement department. This does not preclude the complementary use of other teaching staff.

(8) The course shall be interrupted for a period of two weeks, during which the course participants shall be granted the consumption of recreational holidays, on their application, in the presence of the other conditions. This period shall not be calculated on the basis of the duration of the basic training. In so far as a teacher or a trainee does not consume a holiday or is absent from the service for any other reason, he or she shall be provided with a service at the place where he or she is working. The training sections referred to in paragraph 4 are not to be narrowed by the consumption of recreational holidays.

(9) A course participant or an apprentice participant, in particular on the basis of absence due to illness, has significant parts of a training module or practice training section, or he or she has reached the training target of the missed training parts in a suitable manner.

Training plan and practical training

§ 8. (1) For practical training (practical phases), training agreements must be drawn up by the heads of the tribal institutions and the respective training and learning objectives shall be determined in writing in such a timely manner that they shall be provided in advance of the The respective training station for the trainees, the respective training officers and the heads of the respective training services.

(2) The practical training shall be based on the principles laid down by the Executive Directorate with regard to the training plans for the tribal stalt and the foreign institution, and according to the instructions given by the Chief Executive of the Chief Executive (in coordination with the the Academy of Criminal Law) for specific learning and development content (training agreement). The selection of foreign institutions is based on these learning and development content, as well as on the principles of economy, economy, and expediency.

(3) At the end of each allocation, the respective managers of the training institution of the Academy of Criminal Law shall submit a detailed report describing the achievement of the defined training objectives.

(4) At the beginning and at the end of each training station, the management of the department concerned shall have a training interview (training reflection) either directly or through the staff of the staff responsible for the training.

Assessment of training success

§ 9. (1) The teaching staff shall, if necessary, identify the performance of the participants in the course of the examination, on the basis of the examination priorities referred to in point 3.2. of the Annex, by means of intermediate examinations (knowledge reviews), for which: also tools from the e-learning system can be used. In addition to repetitions of the last used material, examinations shall be announced in good time prior to their implementation. The intermediate examinations are also to be understood as learning target controls for the participants in the course of the course.

(2) In order to obtain a closer picture of the course participants, the Executive Directorate has a conference with the course management and representatives, if necessary at the beginning of the second theory block. To convene representatives of the Department of Service, the Academy of Criminal Law and the Central Committee of the Federal Ministry of Justice for the officials of the Executive Service of the judicial institutions (Conference of Teachers). In this conference, on the basis of the report of the Executive Board on the individual training achievements, in particular taking into account the results of the intermediate examinations (§ 9 para. 1), it is to be advised on whether the/or the relevant course participant can continue the training or be excluded from the further basic training (§ 10). Within the framework of the deliberations, the heads of the institutions concerned and, if necessary, training and lecturers can be heard.

Exclusive of basic training

§ 10. A trainee or a teacher A course participant shall be excluded from the service authority from the further basic training if he/she/he/ it does not have the personal or professional competence (more) or has to be accepted in accordance with the services shown in the course of the training that he/she/she/she/ it will not reach the training target.

Service Review

§ 11. (1) The completion of the basic training for the Executive Service for the E 2a use group shall be demonstrated by the successful completion of the service examination.

(2) The staff members shall be assigned by the Office of the Office of the Office of the Office of the Office for the examination of their duties. The conditions for the assignment are


the positive conclusion of the theoretical and practical parts of the basic training course for the E 2a group of uses, and


the further existence of the conditions defined in § § 4 and 5.

(3) The examination shall include a written part and an oral part. The written and oral examination should not be held on the same day.

(4) The written examination (duration up to 6 hours) consists of the processing of topics to be submitted from the department of the theoretical training part and is to be determined by the Chairman of the Examination Commission, who thereby on proposals of the The Academy of Penal Education can use it. The written examination work is carried out by the be reviewed by the Chairperson and the members of the respective examination council.

(5) If the majority of the members of the Senate finds that the result of the written examination has to be "not passed", one shall state whether, in particular, taking into account the results of the interim examinations (§ 9 (1)) nevertheless, an admission to the oral examination is carried out. Otherwise, paragraph 7 shall apply.

(6) The oral examination must be submitted before an examination senate as an overall examination. The oral examination part shall be designed in accordance with the following criteria:


Contents of the written examination or Examination work is one of the basic principles for the oral examination. In addition to examining the examination situation with the written examination work, there are also related subject areas and the examination subjects of the oral service examination ( Annex ) ,


The oral examination must be carried out in a tunnelling way over a set of example scenarios, by means of which the course participants can present their knowledge in a networked way, interpret legislation and deduce possible courses of action (expert discussion);


The topics of "law", "executive action" as well as "leadership and social competence" are special focus areas.

(7) An examination which has not been passed can be repeated twice. The reprobative period shall be fixed for at least four weeks and not more than three months.

Examination board and examination senate

§ 12. (1) The Federal Ministry of Justice has been the supreme service authority for carrying out official examinations in the framework of the basic training for the Executive Service of the Working Group E 2a in the judicial department after obtaining proposals from the To form an Examination Commission (Section 29 (1) BDG 1979).

(2) Chairperson or The chairman of the examination board is the head of the board. the Head of the Executive Directorate. Deputy Deputite the Vice-President of the Examination Committee is the Vice-President the deputy of the head or of the Head of the Executive Directorate and other appropriate prison staff.

(3) The other members of the Examination Committee shall be composed of the judicial staff of the categories E 1 and E 2a, of the higher and higher levels of service, as well as of the groups of uses and grades of equal treatment. After obtaining a proposal from the Executive Directorate, the Federal Ministry of Justice has to appoint the other members of the Examination Committee for a period of five years on the basis of their professional and pedagogical qualification.

(4) The members of the Examination Committee are to have many years of practical experience in matters relating to the execution of sentences, as well as training and further education in the prison system.

(5) An examination senate consists of three members of both sexes. The the Chairperson of the Examination Commission, in the case of an obstacle, the representation, determines the position of the members of the Examination Commission before each official examination. the Chairman of the Audit Senate and the other two members. As chairperson of examination senates, the head office or the Head of the Executive Directorate or their Deputy Director or his deputy, senior official or Officers of the Executive Directorate, heads of the judicial institutions, staff members of the educational institution referred to in § 12 (2) of the last sentence, as well as senior officials and civil servants of the Federal Ministry of Justice are used. At least one member (but several members) of the respective examination board is (are) to be determined from the group of lecloters of the training course in question.

(6) The membership of the Examination Commission shall end with the departure from the staff level of the Federal Government. It rests on the day of the initiation of a disciplinary procedure until its final conclusion, during the period of suspension (including provisional or provisional) of the service and in the case of an out-of-service position.


§ 13. (1) The passing of the service examination shall be carried out by the issued a certificate by the chairman of the respective examination senate.

(2) In the certificate, the priority areas of the service examination shall be designated. For each of these areas, as well as for the written examination, it is necessary to record the assessment. If the majority of the members of the Senate have found that the success of the examination is to be assessed as "excellent" in certain priority areas, then the words "with distinction of [respective examination subject matter]" shall be the indication of the success of the examination. . In addition, the issue or The topics of the written examination (audit work) and their evaluation are to be described in analogy to the valuation calculus

(3) The original of the certificate is the to be handed over to the staff member. A copy of the certificate shall be deposited in the personnel act.

Training controlling and quality assurance

§ 14. (1) The actual training has to be reviewed by the Executive Directorate in coordination with the Federal Ministry of Justice for its effectiveness. The results of this review shall be documented.

(2) The training controlling also includes the evaluation of the activities of the training managers as well as the lecturers in technical and didactical terms. In addition to the evaluation by means of (possibly electronic) questionnaires, for example, the observation or structured reflections with the participants in the training course and the documentation of the participants are considered appropriate measures for this purpose. Practical training in consideration.


§ 15. (1) For reasons of expediency, economy and economy, training modules may also be used by other federal services and institutions outside the federal government.

(2) The successful completion of such training modules and other training or qualification measures, professional experience and self-employed work may be carried out by the law enforcement authority with the approval of the Federal Ministry of Justice pursuant to § 30 BDG In 1979.

(3) With regard to staff from other departments, the detailed provisions which may be required on a case-by-case basis shall be taken by the Executive Directorate with the consent of the Federal Ministry of Justice.


§ 16. References in this Regulation to other federal legislation are to be understood, unless otherwise specified, as references to the version in force in each case.

Closure and transitional provisions

§ 17. (1) This Regulation shall enter into force on 1 March 2014 with the proviso that the duration of the freezing order pursuant to Article 5 (5) shall apply only from the seventeenth E 2a basic training course which has been carried out since 1 July 2012.

(2) With the entry into force of this Regulation, the provisions concerning the examination of the service of the judicial officers of the judicial authorities (officials of the service), JOJ L 327, 31.12.2003, p. No. 22/1956, except for force.

(3) A basic training which has been successfully completed on the basis of the rules referred to in paragraph 2 above shall be considered as a basic training within the meaning of this Regulation. The practical use and the modules provided for in this Regulation shall be set off in part or in full-time periods of practice and training modules on the basis of the arrangements referred to in paragraph 2.

(4) Basic training referred to in paragraph 2, begun before the entry into force of this Regulation, may already be carried out in accordance with the provisions of this Regulation if the application thereof is deemed appropriate in order to achieve the training objective; otherwise , these basic training shall be continued and terminated in accordance with the rules in force so far.

(5) Basic training commencing within six months of the entry into force of this Regulation may be carried out in accordance with the arrangements referred to in paragraph 2, provided that the preparations are already in place at the date of entry into force of this Regulation are well advanced that implementation in accordance with the provisions of this Regulation is not possible without any substantial change in the timetable or any other organisational difficulties. The provisions of paragraph 4 shall apply mutatily to such basic training.

(6) Chairperson of the Examination Commission and Deputy/in the The Chairman of the Examination Committee shall be the Head of the Executive Directorate or the Head of the Executive Directorate with the entry into force of this Regulation, respectively. the Deputy Head or Deputy Head of the Head or of the Head of the Executive Directorate. In addition, the members of the Examination Committee (Chairperson and Deputy/in and other members) appointed on the basis of the regulations cited in paragraph 2 shall apply until the first reappointment of the members of the Examination Commission after the , as other members of the Examination Commission within the meaning of this Regulation.