58. Regulation of the Federal Minister of Justice about the basic training for the Executive service using Group E 2a in the Justice Department (basic training Regulation E 2a BMJ)
On the basis of sections 25 to 31 and 144 of the official service Corporation Act of 1979 (BDG 1979), BGBl. No. 333, last amended by Federal Law Gazette I no. 210/2013, is prescribed:
Scope of application
§ 1. This regulation lays down the basic training for the staff of the Executive service using Group E 2a in the Justice Department.
Target and principles of basic education
2. (1) goal is basic training the staff starting from the position of the judiciary within the State structure, to make especially familiar with the tasks and functions of the criminal justice system in General and those of the criminal law and system of enforcement. You focused on one human dignity under the circumstances of deprivation of liberty committed attitude and aims to provide those skills that are required for a high-quality performance of the tasks associated with the use of Group E 2a in the Justice Department's Executive service.
(2) in the case of training following fundamental and guiding principles are to be observed: 1 the training provides occupation-specific knowledge, practical skills and abilities;
2. the training promotes networked thinking and acting, as well as the integration of legal, Executive and social communicative content (including work on case studies);
3. the curriculum is according to the latest of science and according to the requirements of the Executive service to mediate;
4. the teaching is clear and present to make;
5. participating in the course are to lead to the independence and participation;
6-targeted personal learning management and independence in the acquisition of knowledge are to be promoted;
7 during lessons are modern instruments for the transfer of knowledge, such as in particular interactive teaching and learning (e-learning) to use;
8. on current developments in the field of education, caution is to take;
9 quality assurance is done by regular evaluation.
(3) the present Grundausbildungscurriculum aims towards the transfer of knowledge and expertise, as well as on the acquisition of methodological and practical knowledge in the sense of a practice-oriented training content and methodology. Here you are taught taking into account scientific knowledge and methodologies required practical skills, knowledge and personal skills to a high-quality, professional and responsible tasks.
(4) through the basic training, the unit will be used to promote the development of staff and personal job satisfaction increased by action security.
Organization and management of basic education
Section 3 (1) for the basic training given in § 1 has carried subordinate service Authority (enforcement Directorate) in the sense of a forward-looking position management in accordance with the planstellen - and fitness-moderate conditions and according to the need for training on behalf of the Federal Ministry of Justice basic training course.
(2) the basic training course is the enforcement Directorate. This can be in terms of immediate organisational implementation as well as possibly necessary perception of immediate service and technical supervision of the educational institution for the criminal and enforcement (§ 12 para 2 last sentence of the Penal Execution Act - HCP, BGBl. No. 144/1969) use. With the leadership of each basic training course is a professional and educational to appoint suitable person.
Admission to the training
4. (1) admission to basic training for the use of Group E 2a depends in addition to meet the requirements of the Z 9.11 of the Appendix 1 to the BDG 1979, the outcome of the selection procedure carried out pursuant to article 5 and the admission requirements closer defined in § 5. The approval is the enforcement Directorate in coordination with the Federal Ministry of Justice.
(2) are to a basic training course approved Federal employees by 1 a prohibition of employment under the maternity protection Act 1979 (MSchG), BGBl. No. 221, 2. maternity leave after the MSchG, according to the fathers parental leave Act (VKG), Federal Law Gazette No. 651/1989, or according to article 75, paragraph 1 BDG 1979 a 3 Z 1 of the salary Act of 1956 (GehG), BGBl. No. 54, in conjunction with section 10 para 4 part-time after the MSchG or the VKG or 4. a reduction of the weekly service time pursuant to section 50 b BDG 1979 unable to participate in this , they are so to allow to the immediately following the end of preventing periods stated in Z 1 to 4 basic training course.
(3) it for approval to the basic training course for the use of Group E 2a according to Z 9.11 of the Appendix 1 to the BDG 1979 required practical use in the Executive service must be completed in a prison or other organizational unit of the correctional system.
(4) in accordance with the economic, spatial, and moderate capacity requirements, the enforcement Directorate could allow the participation of officials of other authorities on basic training course referred to in paragraph 1 with the approval of the Federal Ministry of Justice.
Executive officers are section 5 (1) only to a basic training course for the use Group to allow E 2a, if 1 their personal and professional fitness for the tasks, which are associated with the intended use is to be expected, and 2 on the basis of the forward-looking planning the necessary planstellen - and needs moderate conditions expected to be.
(2) personal suitability has focused on the general character, mental and physical capability to relate the professional competence to the training and performance of moderate ability.
(3) the implementation of the selection procedure is whether the enforcement Directorate or the educational institution responsible for implementing the criminal law and enforcement. The selection procedure to configure occurs in several phases, taking into account the achievements as well as the results of the selection tests. The selection tests are in a professional and a physical (fitness and motor skills) to integrate part. In addition, a hearing with all applicants and candidates is making.
(4) the number of applicants and applicants to a basic training course is greater than the number of available training places, so the service authority has official needs to take necessary measures according to. The number of course places can not be changed, so applicants are no. 100/1993, and current wife promotion plan for the Justice Department (in particular its rules on priority in the education and training) to the score achieved in successfully undocked selection testing, point-same result 1, taking into consideration the provisions of § § 11 c and 11 d of the federal equal treatment Act, Federal Law Gazette. , otherwise to line 2 after the effective time of the service.
(5) the passed selection procedure applies for a period of up to five years. In the cases listed in section 4 paragraph 2 extends this deadline to the duration of the hindrance from attending to the basic training course. Without prejudice to which the service authority has already before the expiration of date in accordance with the planstellen - and needs moderate conditions making a new selection procedure.
(6) in the case of applicants or candidates who took part in a competition, but due to circumstances particularly worthy of consideration to end could not do this, the validity of parts of the selection process until then successfully completed ends five years after removal of impediment arose.
General structure of the basic training
Section 6 (1) is basic training indicated in § 1 carried out as far as possible and appropriate in the form of a modular course.
(2) parts of the course are as training to selected job creation, which is the introduction to the tasks and requirements of using Group E 2a, and than to practical use in prisons. The training in the workplace will serve the introduction to the tasks of a possible future use.
Design of basic training
§ 7 (1) consists of the basic training in several successive training sections (stages) of which two training courses in block form, and two as a practical uses (training in selected workplaces) are to make.
(2) this course has (without taking into account the time for self study, exam preparation and the tests), 1 a theory training in the total duration of approximately 24 training weeks and 2 to include a practical part in the period of about six weeks of training.
(3) where appropriate, parts of the course also in modular form of organization can take place and be designed including the use of e-learning.
(4) in particular, the following education sections (stages), forms of training, training times and training stations are intended for the Ausbildungscurriculum:
Criminal law enforcement Academy
Criminal law enforcement Academy
Criminal law enforcement Academy
Criminal law enforcement Academy
Criminal law enforcement Academy (5) also stands an hour reserve to the extent of a training week.
(6) in the context of planning is to ensure an appropriate separation between theory and practice blocks. The theoretical and practical instruction is for modern didactical aspects and practice-oriented to make and, if this is possible, appropriate and justifiable reasons, and consistent with human dignity, to link with appropriate exercises.
(7) the content of the basic training course arise in particular from the plant.
1. the designated hours include the transfer of knowledge including any exercises, as well as deepening and of education reflection phases.
2. from pedagogical and didactic considerations can for up to twenty hours exceed the duration in each department or exceeded the total number not be exceeded where of course hours are; even in the event of an overrun, the duration of basic training may not exceed 33 weeks. As well, the enforcement Directorate, pedagogical and didactic reasons can modify the timing of the mentioned training content and training objectives; the overall content is to keep each.
3. the theoretical training has to be aligned with the content of the Lehrbehelfe approved by the enforcement Directorate. This does not preclude an additional attraction of another Lehrbehelfe.
(8) the course is to pause while the consumption of holiday is to provide the course and participants at their request - if the other requirements - are for a period of two weeks. This period is not attributable to the duration of basic training. As far as an are or a course participant is no holiday consumed or absent for other reasons authorized by the service, he or she has in his or her workplace to provide service. The training sections listed in paragraph 4 are not to belittle if at all possible by the use of annual leave.
(9) missed an are or a course participant - in particular on the basis of sickness absence - significant parts of a training module or practice - training section, he or she has the goal of training the missed parts of training in an appropriate manner to prove.
Training plan and training
Training agreements to create and the respective training and learning objectives in writing in sufficient time to set, that these before the respective training station for the trainees, the respective training Commissioner and the leaders and head of the respective education services are fixed are section 8 (1) for the practical training (practical phases) of the managers and leaders of tribal institutions.
(2) the practical training adheres to the principles stipulated by the enforcement Directorate in terms of the training plans for the tribal agency and the foreign institution and according to the specific learning provided by the Board of management of the master Institute (in cooperation with the law enforcement Academy) and development content (training agreement). The selection of foreign institutions is based on this learning and development content, as well as on the principles of economy, efficiency and expediency.
(3) after the end of each assignment the respective Board of management of the educational institution of the Academy of criminal justice submitted a detailed report, in which she describes the defined training objectives.
(4) at the beginning and at the end of each training station head of unit concerned has to make a training call (education reflection) directly or through agents to charge.
Assessment of education § 9 (1) the teachers have, if necessary, intermediate (knowledge checks) shall determine the performances of course and participants from the auditing focal points listed under point 3.2 of the plant, also the e-learning tools can be used for. Apart from repeats of the most recently adopted by subject, exams are to announce in due time prior to privatization. The intermediate can be understood as objective checks for the course and participants.
(2) obtaining a closer picture of the course and participants, the enforcement Directorate if necessary at the beginning of the second theory block has a conference with the course management and representatives or representatives of the service authority to convene the prison Academy and of the Central Committee of the Federal Ministry of Justice for the staff of the Executive service of the prisons (training Conference). In this Conference is based on the report of the course lead individual training services in particular, taking into account the results of midterm exams (§ 9 para 1) Additionally to advise whether the concerned course participants can continue training or from other basic training should be excluded (article 10). In the course of the deliberations, the affected agency head can as well as, if necessary, to include training and lecturer.
Exclusion from basic training
§ 10. A course participant or an are is to exclude from the service authority from further basic training if he or she no longer has the personal or professional suitability or after his performances in training must be accepted, that he or she will not reach the education goal.
§ 11 (1) which is to be proved by the successful passing of the examination of service completion of the basic training for the Executive service for the use of Group E 2a.
(2) the staff are by the enforcement Directorate, to assign to the service check by virtue. Requirements for the assignment are the positive conclusion of the theoretical and practical parts of the basic training course for the use of Group E 2a and 2. 1 the further existence of the conditions defined in §§ 4 and 5.
(3) the examination comprises a written and an oral part. The written and the oral examination should be not held if at all possible on the same day.
(4) the written test (duration up to 6 hours) consists of editing to topics from the Department of the theoretical part of the training and is to be determined by the Chairman of the examination Board can rely on suggestions of the law enforcement Academy. The written exam work is by the or by the Chairman and the members of the respective examination Tribunal to examine.
(5) the majority of the members of the Senate finds that the result of written exam to "fail" to be has to pronounce under one, whether in particular taking into account the results of the intermediate (§ 9 para 1) still is an admission to the oral examination. Otherwise, paragraph 7 shall apply.
(6) the oral exam is to put before the Senate in a test as total exam. The oral part of the exam is to make according to following criteria: 1. content of the written exam or audit work form a basis for the oral examination of the service. In addition to test situational confronting the written exam work also adjacent areas and the oral service test (unit) testing objects are taken into account;
2. the oral examination is to make help course participants networked represent their knowledge, interpret legislation and derive options for action can (expert discussion) if at all possible above given example scenarios;
3. the themes of "Law", "Executive action" and "leadership and social skills" are the focus.
(7) a failed examination may be repeated twice. The current Reprobationsfrist is set with at least four weeks and a maximum of three months.
Examination Board and examination Senate
§ 12 (1) for carrying out service inspections within the framework of the basic training for the Executive service of using Group E has 2a in the Justice Department after obtaining proposals from the Executive Directorate an examination Commission to form the Federal Ministry of Justice as Supreme Administrative Authority (article 29, paragraph 1 BDG 1979).
(2) the President or Chairman of the examination Board is the head or the head of the enforcement Directorate. Substitute or Deputy of the Chairperson of the examination Board are the substitute or the Deputy of head or head of the enforcement Directorate, as well as other appropriate law enforcement officials.
(3) the other members of the Committee are to make 1 and E 2a, of the higher and the upscale service and equal zuhaltender usage and grades from the circle of the judiciary of using Group E. The Federal Ministry of Justice has, after obtaining a proposal from the Executive Directorate, to appoint the other members of the Committee, taking into consideration their professional and educational qualifications for a period of five years.
(4) the members of the examination Board should have many years of practical experience in questions if at all possible the penitentiary system as well as the education and training in the prison system.
(5) an Inspection Panel consists of three members of both sexes. Or the Chairman of the Committee, in the case of disability representation, determined prior to each service test from among the members of the examination board the or the Chairman of the examination Senate and the two other members. As Chairman of audit Senates Chief of prisons, officials which para referred 2 last sentence HCP educational institution as well as senior officials and officials of the Federal Ministry of justice are taken into account in the § 12 should if at all possible the head or the head of the enforcement Directorate or their deputy or his Deputy, senior civil servants and officials of the enforcement Directorate. At least one Member (if at all possible but several members) of the respective examination is (are) to be determined from the circle of the speakers of the relevant training course.
(6) the membership of the Audit Commission ends with the departure of the Federal workforce. You rests from the date of the initiation of disciplinary proceedings up to the end of its residents during the period of the (also temporary or provisional) suspension of the service, as well as in the case of a decommissioning.
Section 13 (1) of service passed the examination is to issue a certificate of, or by the Chairman of the respective examination Senate.
(2) in the certificate are the focus areas of assessing service to call. This is separately for each of these areas, as well as for the written test to hold the respective assessment. Detected the majority of Senate members to review the exam success in specific focus areas as "excellent" is the words ' award from [the particular test subject]"are indicating the exam success to attach. Also is the subject of or are the subjects of the written exam the evaluation processes analog result (audit work) and their evaluation
(3) the original of the certificate must be handed the or the staff. An illumination of the certificate is to place in the personnel Act.
Training controlling and quality assurance
Section 14 (1) is actually carried out training to check by the enforcement Directorate in coordination with the Federal Ministry of Justice on their effectiveness. The results of this review should be documented.
(2) the training controlling includes also the evaluation of the activities of the training instructors and training managers, as well as the lecturers in technical and didactic point of view. When hiefür appropriate measures, for example, the observation or structured reflections with the course and course participants and the documentation of practical training into consideration come in addition to the evaluation by means of (possibly electronic) questionnaire.
Section 15 (1) can off for reasons of expediency, economy and efficiency also by other federal departments and institutions outside of the Federal Government organized training modules to complete.
(2) the successful completion of such training modules and other training or qualification, professional experience and independent work can be credited in 1979 BDG by the enforcement Directorate with approval of the Federal Ministry of Justice in accordance with article 30.
(3) in respect of staff from other departments, further definitions required, if necessary, in some cases are made by the Directorate of enforcement with the approval of the Federal Ministry of Justice.
§ Unless are 16 references in this regulation to other federal legislation, other is intended to be understood as references to the applicable version.
Final and transitional provisions
§ 17 (1) effective this regulation with 1 March 2014 with the proviso, that the limitation applies carried E 2a - basic training course according to § 5 paragraph 5 after the seventeenth since July 1, 2012.
(2) with the entry into force of this regulation the regulation on the examination for the service branch is "judicial guard and service of the youth education in prisons (service lead end officials)", JABl. No. 22/1956, override.
(3) a basic training successfully completed on the basis of the regulation cited in paragraph 2 is considered basic education within the meaning of this regulation. Practice times in part or fully completed and training modules on the basis of the control referred to in paragraph 2 are to be on the practical use and the modules according to the present regulation.
(4) Foundation trainings started before the entry into force of this regulation in accordance with paragraph 2 can be carried according to the provisions of this regulation when their application to achieve the training appropriate is considered; otherwise are to continue this basic training according to the existing regulations and to stop.
(5) within six months from the entry into force of this regulation, beginning basic training can be performed according to the regulation cited in paragraph 2, unless the preparations at the time of entry into force of this regulation are already so far advanced that an implementation is not possible according to the provisions of this regulation without significant change of the schedule or other organisational difficulties. Paragraph 4 shall apply mutatis mutandis to such basic training.
(6) Chairperson of the Audit Committee, and Deputy of the Chairperson of the examination Board are the head, the head of the enforcement Directorate or Deputy or Deputy head or head of the enforcement Directorate with the entry into force of this regulation. Also considered the examination Board (Chairperson and Deputy as well as other members) members ordered reason of the regulation cited in paragraph 2 until the first new appointment of the members of the examination Board under the present regulation more members of the Committee within the meaning of this regulation.