218. Presentation of the Federal Chancellor with regard to the Rules of Procedure of the Constitutional Court on the electronic implementation of procedures
On 28 June 2013, the Constitutional Court has the "Rules of Procedure of the Constitutional Court on the Electronic Implementation of Procedures" (Section 14 (1) of the Constitutional Court Act 1953, BGBl. No. 85, as last amended by the Federal Law BGBl. I No 122/2013).
Rules of procedure of the Constitutional Court on the electronic implementation of procedures
Electronic implementation of procedures
§ 1. (1) proceedings before the Constitutional Court may be carried out electronically. This concerns the Electronic File Management (ELAK) as well as the submission of written pleadings to the Constitutional Court, including the supplements, the submission of files and the transmission of charges (both in the preliminary proceedings and charges, Findings and decisions).
(2) As far as these Rules of Procedure do not contain any special provisions, the Rules of Procedure of the Constitutional Court, BGBl. No 202/1946 of idF BGBl. No. 504/1994 (Geo VfGH) and the provisions applicable to the ordinary courts (§ 46 Geo VfGH)-mutatily-apply.
(3) In so far as the following provisions relate to the electronic form of documents, they shall apply to any electronic file which becomes the file contents and fulfils the function of a document, such as audio documents, image files, etc.
§ 2. (1) In the case of electronic files (parts of the file) of the Constitutional Court, the electronic form shall be the original.
(2) An electronic act must be carried out within the framework of the Rules of Procedure according to the arrangements of the Member to whom the case has been assigned pursuant to § 6 Geo VfGH (Referent). The speaker determines the extent to which his employees can give orders to the management of files of the office.
(3) The electronic file management must be carried out in such a way that the provisions applicable to the written file management within the meaning of Article 1 (2) shall be provided in accordance with their purpose in accordance with electronic format and electronically available data as far as possible is automated.
(4) In accordance with these Rules of Procedure and the rules referred to in Article 1 (2) of the Office, steps to be taken by the Office may be replaced by automated operations, irrespective of the person involved in the execution of the work. are triggered.
(5) For the electronic file management, such technical components and procedures are to be used which make any change in the data recorded in the electronic act, including the time of their change, as well as the forgery and falsification. reliably detect data and reliably prevent the unauthorized use of data.
(6) Paragraph 5 does not apply to internal drafts and other working conditions of the speaker and its staff (unit) with regard to the change in data. Documents shall be forwarded to the Office until they are handed over to the Office for further reason or sent to the members for the purpose of advising the Constitutional Court.
(7) Data within the meaning of paragraph 6 as well as drafts, protocols and other internal documents of the Constitutional Court shall be handed over to a service provider exclusively in encrypted form.
§ 3. (1) An electronically introduced input shall, if necessary, be an expression. This expression shall be used for the further execution, if the authorisation does not take place electronically. (Handact)
(2) Handfiles shall be held in the place of business in order to ensure that they are not carried out in the course of ongoing processing.
File formation and directories
§ 4. (1) The office has to create electronic files via electronic entries, to create necessary supplements and to award the file number in accordance with the regulations referred to in § 1 (2). Orders are to be provided with serial numbers, submissions, erasures and other documents are listed in a file mirror in their chronological order.
(2) Non-electronically submitted pleadings and other documents which are not electronically available for the purpose of providing advice to the Constitutional Court are not to be sent from the office of the Office if the speaker does not otherwise provide for it. Such files must be preserved by means of the act of handwriting.
(3) In the place of the lists required in accordance with the provisions of Article 1 (2) (file lists, list of names, list of standards, list of files on a deadline (calendar)), electronic procedures may be used which are Directories provide comparable unique and complete search results. The office has to make the necessary entries to the extent that they are not automatically created (§ 2 para. 4).
§ 5. (1) The signing of a handwritten subcopy (§ 62 Geo) is replaced by a qualified electronic signature (§ 2 Z 3a Signature Act, BGBl. I n ° 190/1999, as last amended by BGBl. I No 75/2010).
(2) If not signed electronically within the meaning of paragraph 1, the approval shall be made by hand-written subproduction of an expression. The underwritten expression forms the original and is to be preserved in the act of the act, until an authentic electronic form has been created in the act. This is generated by the fact that the underwritten expression is completely scanned and signed (paragraph 2). 1).
(3) The speaker shall determine to what extent his staff shall make injunctions in the pre-trial procedure or, on a case-by-case basis, to make clear the authorization he has granted through a sub-production with reference to this authorisation, and for such authorisation Referrals (1) and (2).
§ 6. (1) In addition to the office, all members of the Constitutional Court and their employees shall have access to the files and to the directories (read only) created by the Office, unless the speaker excludes access.
(2) (1) does not apply to internal documents (Section 2 (5)). These will only become part of the act upon handing over to the office or sending them to the members. Until then, only the unit has access in les-and editable form.
(3) Technical precautions must be taken to ensure that, in addition to the President and his/her staff, The Vice-President and her staff and the Office of the Office of the Vice-President shall only be able to be modified by those speakers and their employees to whom they are assigned.
(4) Technical precautions must be taken to ensure that directories (§ 4), in so far as they are not automated (§ 1 para. 3), can only be changed by the office of the office, which is to be taken with regard to the necessary arrangements.
(5) The President shall, in agreement with the Permanent Speakers, determine which statistics shall be compiled on the work of the Constitutional Court. Statistics about the work processes in the unit are not created.
Submission of pleadings
§ 7. (1) In accordance with the technical possibilities of the Constitutional Court, written pleadings and supplements to pleadings may be brought into effect electronically in the following manner:
by means of electronic legal traffic,
on electronic delivery services in accordance with the provisions of the third paragraph. Section of the Delivery Act-ZustG, BGBl. No 200/1982, as last amended by BGBl. I No 33/22013.
by means of the electronic act or
with electronic forms available on the website www.vfgh.gv.at.
(2) For inputs to the Constitutional Court (par. 1) the forms made known on the website www.vfgh.gv.at are to be used, which are also used for the insertion in accordance with the provisions of the German law. Paragraph 1 of the first paragraph of Article 1 of the EC Law. The pleadings may also be made without the use of the forms, provided that they have the text preprinted in the forms and the same headings relating to the fields and field groups with the same structure, the same numbering, and of the same sequence; these components of the set shall be printed in the form of a printing form.
(3) Where several supplements are presented with a pleadings, they shall be transmitted as separate annexes. Authorities ' records are with official signature (§ 19 of the eGovernment Act, BGBl. I No 10/2004, as last amended by BGBl. I No 83/2013). Written records submitted in accordance with paragraph 1 (1) (4) shall be provided with a signature within the meaning of Section 2 (3a) of the Signature Act.
(4) Any pleadings or supplements to pleadings by means of electronic legal transactions (paragraph 1). 1 Z 1) is to be used for a transmission site, which has been disclosed by the Federal Minister of Justice on the website www.edikte.justiz.gv.at. The transmitting agency shall ensure that pleadings and supplements to pleadings are only taken over and further processed when they are described in the interface description (paragraph 1). 5).
(5) In respect of electronic legal transactions (Article 1 (1) (1) (1)), the President shall have a description of the type of data transfer, the complete data structure, the admissible supplement formats, including the rules on field contents and the To make known the maximum permissible extent for all types of documents (interface description) on the website www.vfgh.gv.at. Documents submitted by electronic means of law (§ 1 (1) (1) (1)) or shall be in accordance with the description of the interface.
(6) Has the transmitting authority (para. 4) the data of the input for forwarding to the Bundesrechenzentrum GmbH takes place, so it has this to inform the provider immediately and to log the time (day and time) of this feedback; this date is with the data of the input shall be transmitted. The Bundesrechenzentrum GmbH has to log when the data of the input arrived at it.
(7) pleadings and supplements to pleadings in the electronic legal system (paragraph 1). 1), have to contain the entry code of the feeder. § 7 of the Ordination of the Federal Minister for Justice on Electronic Legal Transport (ERV 2006), BGBl. II No 481/2005, as last amended by BGBl. II No 503/2012, shall apply mutatily.
(8) Information on applications submitted in the framework of the forms referred to in paragraph 2 shall not replace the execution of applications within the framework of the pleadings. In the event of contradictions between pleadings and information in the forms, the content of the pleadings shall be decisive.
(9) The Office shall have the accuracy of the data automatically obtained from the forms and typesets used for directories or automated re-use (metadata), on the basis of the documents available to it. review and, if necessary, correct or ,
§ 8. (1) Copies of statements of the Constitutional Court and copies of pleadings and supplements to pleadings may be made electronically in accordance with the technical possibilities by the application of a procedure within the meaning of Section 7 (1) Z 1 to 4 shall be forwarded. Without prejudice to the effectiveness of the electronic transmission, the application shall be made in paper form on a case-by-case basis.
(2) In the case of copies of documents issued by the Constitutional Court and copies of pleadings and supplements to pleadings, which are transmitted through electronic legal transactions, the code shall be used to designate the recipient. Where a subscriber uses the electronic legal services of a number of transmission points, copies and copies of submissions and supplements shall be transmitted electronically via the transmitting agency, which shall be transmitted by the participant most recently. The transmitting authority shall disclose the date of the assignment to Bundesrechenzentrum GmbH.
(3) The transmitting agency shall record the date (day and time) on which the data have been transferred from the copies of statements and copies of statements and supplements to the electronic control area of the consignee, and the date (day and time) of the transfer shall be recorded in the Bundesrechenzentrum GmbH to forward it to the Constitutional Court. The date (day and time) on which the data was actually transferred by the addressee is also to be recorded and, on request, to be notified to the Constitutional Court; this Protocol shall be kept for at least three years.
(4) Copies of charges of the Constitutional Court shall be provided with an electronic signature, § 19 of the eGovernment Act, BGBl. I No 10/2004, as last amended by BGBl. I No 83/2013. It shall contain an addition to the judicial function and shall be published on the website www.vfgh.gv.at with the information corresponding to the preceding sentence. This court signature is to be used exclusively for court proceedings of the Constitutional Court.
(5) Any use of the electronic signature of the Constitutional Court shall be automatically recorded in a protocol which shall identify the name of the user. This Protocol shall be retained (Article 11).
Submission of electronic files
§ 9. (1) In so far as files are to be submitted by a public authority and these have been generated electronically and approved by electronic means, they shall be submitted electronically to the Constitutional Court. § 21 E-Government-Law, BGBl. I No 10/2004, as last amended by BGBl. I No 83/2013.
(2) For the purposes of electronic file traffic of the Constitutional Court with the exception of the administration of justice with other authorities by means of the Electronic Act, only the office of the Constitutional Court shall be the contact person. . The President shall, in agreement with the Vice-President or other members entrusted with the administration of justice or the management of the evidence bureau, determine the extent to which they are responsible for these purposes in the field of electronic file management. as a point of contact.
(3) Where files are submitted by an authority in part by electronic means in accordance with paragraph 1, in part in written form, both the electronic and the written file template shall be connected with a list of the nature of the document and the order of the files.
§ 10. (1) The Party or its representative shall be granted access to electronic files with terminals provided in the premises of the Office of the Constitutional Court or, in particular, for certain premises of the Constitutional Court. The office shall provide the necessary support in the technical operation. The possibility of access to the file can also be made possible by handing out printing in accordance with the method of the present invention. Paragraph 2.
(2) Upon request, the office shall establish an expression of the contents of the file, which shall indicate the date of the preparation and shall be accompanied by a signature which shall be subject to an advanced electronic signature within the meaning of § 2 Z 3. Signature Act, BGBl. I n ° 190/1999, as last amended by BGBl. I No 75/2010. The expression shall be at the expense of the Constitutional Court, except in the case of files of other authorities (except in the case of the last sentence of paragraph 1).
(3) In the electronic act, internal files and records received by other authorities from the inspection of the file shall be carried out in such a way as to ensure that they are viewed in accordance with the procedure referred to in Article 1 (2). Par. 1 or in an expression according to. Cannot be considered. In the case of the file, internal files are only recorded in a manner accessible to the person in view of the execution of the file.
§ 11. For the storage of electronically guided files and the directories applied therefor, as well as for their readability, including the search gem. § 4 para. 3 required data and programs are subject to the regulations of the Federal Archives Act, BGBl. I No 162/1999.
entry into force
§ 12. (1) These Rules of Procedure shall enter into force on 8 April 2013.
(2) Where technical arrangements are necessary for the electronic implementation of procedures in accordance with the provisions of these Rules of Procedure, they shall be carried out by 31 December 2013 at the latest.