Čssr Amendment Of The Occupation Damage Act, The Compensation Law And Distribution Law Bulgaria

Original Language Title: Änderung des Besatzungsschädengesetzes, des Entschädigungsgesetzes ČSSR und des Verteilungsgesetzes Bulgarien

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_194/BGBLA_2013_I_194.html

194. Federal law that modifies the occupation damage Act, the Act ČSSR and the distribution law of Bulgaria

The National Council has decided:

Table of contents



Article 1 amendment to the occupation damage Act article 2 amendment to the Compensation Act ČSSR article 3 amendment to the distribution Act of Bulgaria article 1

Change of crew claims law

The occupation damage Act, Federal Law Gazette No. 126/1958, is amended as follows:

1. articles 20 to 25 are:

"Section 20 (1) the Federal Compensation Commission is again built at the Federal Ministry of finance in Vienna.

(2) the Federal Compensation Commission consists of a Chairman, his Deputy and the required number of members.

(3) the Federal Compensation Commission decides in panels of two assessors under the chairmanship of a judge.

(4) the members of the Federal Compensation Commission are independent and bound by any instructions in the performance of their duties. The Federal Minister of finance and the Minister of Justice have the right to inform about all items of the Executive Board of the Federal Compensation Commission and dismissing members of the Federal Compensation Commission for an important reason.

(5) on appeals against decisions of the Federal Compensation Commission recognizes the Federal Administrative Court.

Section 21 (1) the Federal Minister for Justice has in consultation with the Federal Minister of finance who order the required number of judges for federal compensation Commission's Chairman, his Deputy and the other Senate Chairmen.

(2) the assessor of the Federal Compensation Commission consist of two groups of members, which are to unite in a list.

(3) the members of the first group are appointed by the Federal Minister of finance from officials of using A 1 or A 2 of the service or retirement of the Federal Ministry of finance or the financial offices, which the agreement on the compensation (§ 19) are not involved with the offered.

(4) the members of the second group are to send the legal profession represents each federal State. The Federal Minister of Finance has after consultation of professional organisations the number of members to sending by the individual professional organisations, taking into account the scope and the importance for the Working Group considering coming to determine where each professional body of a federal State can send at least one Member under this Federal Act to indemnified damages.

(5) only persons who have Austrian citizenship, are of legal age, and are in full enjoyment of civil and political rights must be sent in the Federal Compensation Commission.

Section 22 (1) the Federal Minister for finance has to determine judges and depending on an assessor from the members of the first and second group together with the required number of alternate members for each Senator.

(2) all members of the Federal Compensation Commission are appointed for two years. A further appeal is admissible.

Section 23 (1) members of the Federal Compensation Commission who are not federal agents, make when entering their activity to the Chairman of the Federal Compensation Commission pledge: "I pledge that I impartially will proceed in the negotiations of the Federal Compensation Commission without taking the person to the best of our knowledge and belief and that I, is what me through the negotiations, and in these conditions of the injured party is known ", strictly will keep secret."

(2) the addition of a religious asseveration is admissible.

24. (1) the judge and the members of the first group for Reise(Fahrt)auslagen remuneration in accordance with the travel fees regulations 1955, BGBl. No. 133/1955 in the currently valid version. You will receive also a corresponding to the time and effort to their work remuneration, which amount to be determined for judges of the Federal Minister of finance in agreement with the Federal Ministry of Justice and to the members of the first group of the Federal Ministry of finance.

(2) the members of the second group are entitled to remuneration of Reise(Fahrt)auslagen and subsistence, as well as on compensation for time failure. The provisions for aldermen are decisive for the amount and the conditions of the allowances to be paid and compensation.

Section 25 (1) contains the Federal Compensation Commission decisions by a majority of votes. An abstention is not permitted.

(2) the rules of procedure of the Federal Compensation Commission is to adopt by regulation by the Federal Minister of finance in agreement with the Federal Minister of Justice."

2. section 26 is repealed.

3. the existing text of article 30 contains the label (1) and is as follows:

"(1) with the execution of this Federal Act the Federal Minister of finance are entrusted in terms of section 21 of the Federal Minister of Justice in consultation with the Federal Minister of finance and in terms of sections 24 and 25 of the Federal Minister of finance in agreement with the Federal Minister of Justice."

4. the article 30 be added following paragraph 2 to 5:

"I will take no. 194/2013 (2) section 20 to 25 in the version of Federal Law Gazette 1 January 2014 effect; at the same time § 26 override occurs.

(3) the members of the Federal Compensation Commission to 31 December 2013 are back ordered for the remainder of the last major order permanent.

(4) at the end of 31 December 2013 under this Federal Act the Federal Compensation Commission after the occupation damage Act, BGBl. I are no. 126/1958, pending from the Federal Compensation Commission in the version of Federal Law Gazette No. 194/2013 to continue.

"(5) the regulation of the Federal Ministry of finance by September 1, 1959, with the passing of the rules of procedure of the Federal Compensation Commission, BGBl. No. 202/1959, as amended by Federal Law Gazette No. 538/1975, is considered on the basis of this federal law as amended by Federal Law Gazette I no. 194/2013 issued."

Article 2

ČSSR amending the law of compensation

The Compensation Act ČSSR, Federal Law Gazette No. 452/1975, as last amended by Federal Law Gazette I no. 9/2010, is amended as follows:

1. paragraph 35:

"section 35. Claims for compensation under this Federal Act the Federal Compensation Commission decides on no. 194/2013 after the occupation damage Act in the version of Federal Law Gazette I."

2. para 2 and 3 is omitted § 36.

3. in article 41 the phrase "the competent tax office" takes the place of the phrase "the Division of financial land for Vienna, lower Austria and Burgenland".

4. in article 42, paragraph 1, the amount of "EUR 0.72" occurs at the point of the amount of "10 shillings".

5. in article 42a, paragraph 1 first sentence the phrase "by the competent tax office" takes the place of the phrase "by the financial State Directorate for Vienna, lower Austria and Burgenland".

6 section 42a para 2 is as follows:

"(2) the competent tax office has compensation amount according to para 1 to the owner or his successors mortis causa a, with amounts not to offer up to 7.2 euros. Is the offered amount accepted in writing within a period of three months after the notification of the offer, so the claim to boost by comparison is adjusted. "Offered a raise amount by the competent tax office and no agreement is concluded within three months after the notification of the offer by comparison, so the competent tax office is no longer to be offered bound."

7 section 42a paragraph 5 reads:

"(5) the competent tax office has to make the payment within four weeks of receipt of the timely Declaration of acceptance or the Federal Compensation Commission at the competent Tax Office's decision."

8 section 42a para 6 is as follows:

"(6) the competent tax office has until December 31, 2004 a legitimate or his successors mortis causa no offered delivered on compensation increased in accordance with paragraph 1, so the boost claim the Federal Compensation Commission can be made."

9 section 42a paragraph 7 reads:

"(7) Entschädigungsmittel, which does not get to the distribution, expire after completion of all procedures to in favor of the Federal Government. Boost amounts not reach 7.2 euro ever justifiable or successors mortis causa to pay."

10. the existing text of article 45 is labeled (1). 2 the following paragraph is added to this:

"(2) articles 35, 41, 42 para 1, 42a para 1, 2 and 5 to 7 as amended by Federal Law Gazette I no. 194/2013 with 1 January 2014 into force." § 36 para 2 and 3 occurs at the end of 31 December 2013 override."

Article 3

Change of the distribution law of Bulgaria

The distribution law of Bulgaria, Federal Law Gazette No. 129/1964, is amended as follows:

1. paragraph 17:

"article 17. The Federal distribution Commission at the Federal Ministry of finance is again finding the funds referred to in article 1 paragraph 3. It decides in finding Senates and Senate distribution."

2. paragraph 3 is omitted § 18.

3. paragraph 18 par. 4 and 5:


"(4) the Federal distribution Committee members are independent and bound by any instructions in the exercise of their duties. The Federal Minister of finance and the Minister of Justice have the right to inform about all items of the Executive Board of the Federal distribution Commission and dismissing members of the Federal distribution Commission for an important reason.

(5) appeals against decisions of the Federal distribution Commission the Federal Administrative Court recognizes by."

4. paragraph 39 para 1 to 3:

(1) the enforcement of the Federal law is, as far as nothing else is determined in the following paragraphs, entrusted to the Federal Minister of finance.

(2) with the enforcement of § 19 para 1 and § 22 para 1, insofar as it relates to judges, the Federal Minister of Justice in consultation with the Federal Minister of finance is in charge.

(3) with the enforcement of article 37, paragraph 3 of the Federal Minister of finance, insofar as to the exemption from administrative duties, the Chancellor, and to the extent it is exemption from court fees is entrusted to the Federal Minister of Justice."

5. the section 39 be added following paragraph 4 to 6:

"(4) I will take no. 194/2013 section 17 and section 18 paragraph 5 in the version of Federal Law Gazette 1 January 2014 effect. § 18 para 3 occurs at the end of 31 December 2013 override.

(5) at the end of 31 December 2013 under this Federal Act to the Federal distribution Commission pending cases are Federal distribution Commission as amended by Federal Law Gazette I no. 194/2013 to continue.

"(6) the regulation of the Ministry of finance by August 31, 1964, of the rules of procedure of the Federal distribution Commission is enacted, BGBl. No. 233/1954, is considered on the basis of this federal law as amended by Federal Law Gazette I no. 194/2013 issued."

Fischer

Faymann