218. Proclamation of the Federal Chancellor concerning the rules of procedure of the Constitutional Court regarding the electronic implementation of procedures
On 28 June 2013, the Constitutional Court has the apparent from the facility "rules of procedure of the Constitutional Court regarding the electronic implementation of procedures" (section 14, paragraph 1, of the Constitutional Court Act 1953, BGBl. No. 85, as last amended by Federal Law Gazette I no. 122/2013) decided.
Rules of procedure of the Constitutional Court regarding the electronic implementation of procedures
Electronic implementation of procedures
1. (1) proceedings before the Constitutional Court can be performed electronically. This applies to the electronic file management (ELAK), as well as the introduction of written pleadings on the Constitutional Court including the side dishes, the template files and the transmission of transactions (both in the pre-litigation procedure as well as charges, findings and decisions).
(2) where these rules of procedure contain no specific provisions are the rules of procedure of the Constitutional Court of Justice, Federal Law Gazette No. 202/1946 idF BGBl. No. 504/1994 (GEO VfGH) and rules applicable to the ordinary courts (§ 46 geo VfGH) - mutatis mutandis - to apply.
(3) unless the following provisions apply to the electronic form of documents, they apply to any electronic file that the file contents and the function of the document meets, such as uä also audio documents, image files.
Electronic file management
Section 2 (1) when electronically guided files (file sharing) of the Constitutional Court is the original electronic form.
(2) an electronic file is within the framework of the rules of procedure according to the instructions of the Member to lead the case in accordance with § 6 geo Constitutional Court has been assigned to the (speaker). The speaker determines to what extent its employees to managing files can grant orders the Office.
(3) the electronic file management has to be made that for the written records be regulations within the meaning of § 1 para 2 its purpose according to reproduced in electronic form and electronically present data as possible automatically transferred.
(4) according to these rules and the regulations referred to in § 1 para 2 of steps taken in the Office can be replaced by automated processes, regardless of they are raised by any person involved in the disposition.
(5) for the electronic filing are such technical components and procedures to use, each change of data collected in the electronic file, including the timing of their changes as well as counterfeiting and the falsification of acquired data reliably identifiable make and reliably prevent the unauthorized use of data.
(6) section 5 does not apply with respect to the modification of data for internal designs and other work AIDS of the speakers and its employees (unit). Documents are until they passed the Office to the other reason as long as within the unit, or sent for counselling the Constitutional Court members.
(7) data within the meaning of paragraph 6 as well as designs, logs, and other internal documents of the Constitutional Court are to pass a service provider only in encrypted form.
§ 3 (1) by an electronically-submitted input is an expression to establish if necessary. This expression is for more registration, unless the permit is not electronically, to use. (Hand Act)
(2) hand files are, insofar as they are not ongoing editing, into the Office to keep.
File formation and directories
4. (1) the Office has to create electronic files about electronically-mounted input, to create necessary supplement directories and assign file number by analogy with application of the rules referred to in article 1, paragraph 2. Pieces of business are to be provided with serial numbers, character sets, errands, and other pieces of the file are recorded in a file mirror in their chronological order.
(2) not electronically installed fonts and other, required for the consultation of the Constitutional Court, not electronically this file pieces are, if otherwise provided by the speakers by the Clerk to scan. Such pieces of the file must be kept with the hand Act.
(3) in place of the directories required under the regulations referred to in section 1 para 2 (file directories, name index, list of standards, directory of this term files (calendar)), electronic procedures can appear, which provide similar clear and full search results to the directories. The Office has to make the necessary entries, insofar as they do not automatically (§ 2 para 4) are created.
§ 5 (1) to replace the handwritten signed (§ 62 GEO) is the signing by means of a qualified electronic signature (§ 2 Z 3a signature Act, Federal Law Gazette I no. 190/1999, amended by BGBl. I no. 75/2010).
(2) is not signed within the meaning of paragraph 1 electronically, so the approval carried handwritten signed of an expression. The signed expression forms as long as the original, and is to be kept, until an authentic electronic form in the Act is kept in the hand Act. This creates as a result that the signed expression entirely will be scanned and signed (para. 1).
(3) the speaker determines to what extent its employees signed decrees during the pre-litigation procedure or make a signing with reference to this approval approval granted by him can be seen in individual cases, where paragraphs 1 and 2 shall apply for such Unterfertigungen.
All members of the Constitutional Court and their employees have section 6 (1) except for the Office Access to the files and directories created by the Clerk's Office (read access), as far as the speaker does not preclude access.
(2) section 1 does not apply to internal Department documents (§ 2 para. 5). These are part of the Act until the handing over to the Clerk's Office or sent to the members. Until then, only the unit has access in read - and editable form.
(3) there are technical measures for it to meet that except by the President and his staff or Vice President and its employees and the Office files can be altered only by those officers and their staff, they are allocated to those.
(4) there are technical measures for making directories (section 4) as far as she are not automated (§ 1 para. 3) to be changed, can be changed only by the Secretariat which compared to the necessary arrangements to meet are.
(5) the President determines in consultation with the standing speakers, which statistics about the work of the Constitutional Court. Cannot create statistics on the work processes in the Department.
Introduction of pleadings
§ 7 (1) character sets and supplements to the pleadings can be introduced effectively electronically in accordance with the technical possibilities at the Constitutional Court in the following ways: 1 in the way of electronic transactions, 2. about electronic delivery services according to the provisions of the 3rd section of the extra law - ZustG, Federal Law Gazette No. 200/1982, as last amended by Federal Law Gazette I no. 33/22013.
3. in the ways of the electronic file or 4th on the site www.vfgh.gv.at accessible electronic forms.
(2) for input to the Constitutional Court (para. 1) you are on the site made manifest forms to use, that paragraph 1 1 iVm para 4 available Z are also available for the introduction of gem. www.vfgh.gv.at. The pleadings may be placed without using the forms if they contain the text printed in the forms and same headers to write fields and field groups with same setup, same numbering and same sequence; These components of the pleading must be created in the form of pressure.
(3) several side dishes are presented with a character set, this should be as separate attachments to submit. Briefs of authorities are with official signature (article 19 of the E-Government Act, Federal Law Gazette I no. 10/2004, as last amended by Federal Law Gazette I no. 83/2013) to provide. According to par. 1 Z 4 tabled briefs are to provide Z 3a signature act with a signature within the meaning of section 2.
(4) if written submissions or supplements to pleadings in the way of electronic transactions (para 1 subpara 1) brings, has known cases one of the Federal Minister for Justice on the website www.edikte.justiz.gv.at made transmitting Agency to operate. The transmitting Agency shall ensure that written statements and supplements to the pleadings are only acquired and processed, if they conform to the interface description (para. 5).
(5) in respect of electronic transactions (section 1 para 1 No. 1) President has a description of the type of data transmission, the complete data structure, the allowed leaflet formats including the rules on the contents of the field and the maximum permissible amount for all document types (interface description) on the website www.vfgh.gv.at known to make. Documents, way of electronic transactions (section 1 para 1 No. 1) tabled or delivered, have to conform to the interface description.
(6) the transmitting Agency (para 4) took over the data of type for transmission to the Federal Data Center GmbH, it shall immediately notify the consignors and to log the time (day and time) this feedback; This date is to communicate with the data of input. The Federal Data Center GmbH has to log when the data of type when you have arrived.
(7) briefs and pleadings, supplements the means of electronic transactions (par. 1 Z 1) be brought, shall contain the address code of the single provider. section 7 of the regulation of the Federal Minister for Justice on the electronic legal relations (ERV 2006), Federal Law Gazette II No. 481/2005, as last amended by Federal Law Gazette II No. 503/2012, shall mutatis mutandis apply.
(8) information on selected applications in the context of the forms referred to in paragraph 2 to replace not the execution of applications within the framework of the briefs. The contents of the font set is in conflict between documents and information in the forms.
(9) the Office has the accuracy of the data obtained automatically from the forms and pleadings, which are used for directories or the automated re-use (metadata) to check on the basis of the documents at the disposal and, if necessary, to rectify or supplement.
8. (1) copies of procedures of the Constitutional Court and copies of pleadings and enclosures to pleadings can be transmitted electronically Z 1 to 4 in accordance with the technical possibilities through application of a procedure within the meaning of § 7 para 1. Without prejudice to the effectiveness of electronic transmission, transactions in individual cases also in paper form upon request are to be issued.
(2) in the case of copies of procedures of the Constitutional Court and copies of pleadings and enclosures to pleadings submitted by way of electronic transactions, the address code is used for the beneficiary's name. Makes use of a participant in the electronic legal relations of several delivery points, copies of errands and copies of pleadings and side dishes of that shall be so electronically transmitting Agency, recently appointed by the participants. The transmitting Agency has to announce the date of commissioning of Federal Data Center GmbH.
(3) the transmitting Agency has the date (day and time), where the data from copies of errands and copies of pleadings, and inserts in the electronic available range of the receiver have reached to log and transmit the Federal Data Center GmbH for forwarding to the Constitutional Court. The date (day and time), where the data is actually adopted by the recipient is to log and on request to announce the Constitutional Court; This Protocol is for at least three years to be kept.
(4) copies of procedures of the Constitutional Court are I with an electronic signature, the § 19 of the E-Government Act, Federal Law Gazette to provide no. 10/2004, as last amended by Federal Law Gazette I no. 83/2013, to match has. She must include an addition to the function of the Court and is to publish www.vfgh.gv.at on the website with the data according to the preceding sentence. This Court signature can be used only for judicial procedures of the Constitutional Court.
(5) any use of the electronic signature of the Constitutional Court is automatically in a log that indicates that the user name, to hold. This log is to be kept (section 11).
Template of electronic files
As far as are to be submitted by a public authority files and these were electronically generated and approved electronically, these are § 9 (1) electronically submit the Constitutional Court. Section 21 E-Government Act, Federal Law Gazette I no. 10/2004, amended by Federal Law Gazette I no. 83/2013, applies.
(2) for the purposes of electronic file transport of the Constitutional Court with the exception of the administration of Justice with other authorities of the electronic Act, only the Secretariat of the Constitutional Court as a contact must be provided. The President determined in consultation with the Vice President or other members entrusted with tasks of the administration of Justice or the direction of the evidence offices, to what extent these appear for these purposes in the area of electronic filing as contact person.
(3) files be presented partly electronically partly by an authority according to paragraph 1, in writing, is to join a directory of electronic as well as the written file template, stating the nature of the template and the order of the files.
Access to the file
§ 10 (1) of the party or its representative is to provide access to electronic files with terminals provided in the premises of the Secretariat or especially for certain premises of the Constitutional Court. The Office has to provide the required support for technical. Enabling the inspection can be done also through the delivery of print gem. § 2.
(2) upon request an expression of the content of the file is stamped by the Clerk to establish, stating the time of creation and which with a signature, which is an advanced electronic signature within the meaning of § 2 Z 3 of the signature Act, Federal Law Gazette I no. 190/1999, last amended by Federal Law Gazette I no. 75/2010, corresponds to. The expression takes place at the expense of the Constitutional Court, insofar as it is not acts of other authorities (except in the case of paragraph 1, last sentence).
(3) internal file and file pieces excluded from file inspection by other agencies are to conduct that they can be viewed at an insight gem. § 1, or expression com. par. 2 in the electronic file. Internal file pieces are to register with the registration in the file mirrors in an inspection accessible way.
§ 11. Storage electronically-controlled files and directories created for this and for their readability including the search gem. § 4 para 3 required data and programs subject to the provisions of the Federal archive law, Federal Law Gazette I no. 162/1999.
Entry into force
12. (1) these rules of procedure with 8 April 2013 enter into force.
(2) as far as technical precautions are required for the electronic conduct of procedures under the provisions of these rules of procedure, this must be done 31 December 2013 at the latest.