Change Of The Court Organization Act And The Law Intern

Original Language Title: Änderung des Gerichtsorganisationsgesetzes und des Rechtspraktikantengesetzes

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119. Federal law that modifies the Court Organization law and the law intern

The National Council has decided:

Article 1

Amendment of the Court Organization Act

The Court Organization Act (GOG), RGBl. No. 217/1896, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 26, paragraph 1, article 32, paragraph 1, and article 45, paragraph 1, the phrase "1 February to 31 January" is replaced by the phrase "from 1 January to 31 December".

1a. Section 26a para 2 and 3 are:

"(2) for the following functions are to be based, provided the limitation per person % does not exceed a total width of 50 restrictions of usage to the following extent:"



1. President or President of the Association of Austrian judges and judge and Chairman or Chairman of Federal representation of judges and public prosecutors in the Trade Union of public service in the amount of 50 per cent, 2. three Vice Presidents or Vice Presidents of the Association of Austrian judges and judge and a substitute or a Deputy of the Chairman or the Chairman of the Federal Agency judge and prosecutors in the Trade Union of public service in the amount of 25 per cent , 3rd President or President of the international or the European judges Association to the extent of 25 VH.

(3) the name of the function carriers referred to in paragraph 2 and mandrels are to announce the Federal Ministry of Justice which, in turn, has to notify the competent departments each of the organizations mentioned."

2. in article 27, paragraph 1, and article 34, paragraph 1, the phrase "15 December to 10 January including" is replaced by the phrase "15 November to 10 December including".

3. in article 27 para. 3 and 5 the expression "10 February" is replaced first sentence the word "January" "December" by the expression "10 January" in article 27 para. 3 by the word.

4. According to § 47a, the following section shall be inserted 47 b along with heading:

"Justice Service Center

§ 47 b. (1) in accordance with the needs of law-seeking population and the regional importance of a site, in any case,



1. at such locations where regional and District Court in the same building are housed, and 2nd at district courts with at least five or more systemisierten full judges or judges position, the Federal Minister may establish a legal service center for Justice to treat particularly simple and quickly to be application and information.

(2) a judicial service center can be done also with a public prosecutor.

(3) to cooperate in a judicial service center are only such employees of the professional service to be used, with appropriate training and experience in the Office area in particular as regards the information technology applications of Justice, as well as additional training on issues of communication, the Kundinnen-and customer support as well as training with regard to practical issues in customer-oriented areas. The detailed requirements for this specific additional training shall be taken by the Federal Minister for justice.

(4) for a corresponding human and spatial resources of individual justice service center facilities, as well as for their information technology access to the IT applications is the judiciary to ensure each."

5. § 48a para 1 is as follows:

"(1) the provisions of the Federal Act are in accordance with the human and technical requirements on the Supreme Court, Federal Law Gazette No. 328/1968, decision documentation justice and the General accessibility of decisions on final decisions of courts of first and second instance, as well as the autonomous collegiate authorities established in the field of Justice, where are these decisions of general interest beyond the individual case" ", apply by analogy."

6. in paragraph 48, b is replaced by the phrase "Decisions under section 48a of GOG" the phrase "judicial decisions".

7. According to § 78c the following § 78b and heading shall be inserted:

"By-laws General edicts of the judicial authorities

§ 78B. (1) General decrees of the judicial authorities are announced through publication in the justice intranet. Moreover, existing can additional publication in the legal information system of the Federal Government (RIS) remains unaffected.

(2) to employees and employees who do not have access to the justice intranet, are stops in the sense of paragraph 1 on another, suitable way to announce.

(3) If a regulation within the meaning of paragraphs 1 and 2 has been announced, no one can rely on the fact that the same not known had become her or him."

8. the heading of section 79 is as follows:

"Preparation of riches"

9 § 89c paragraph 5 reads:

"In accordance with the technical possibilities are



1. lawyers and lawyers and defenders and defenders in criminal matters, 2nd law and notaries, 3. credit and financial institutions (§ 1 para 1 and 2 BWG), 4 domestic insurance companies (§ 1 para 1 VAG), 5 social security institutions (sections 23 to 25 ASVG, article 15 GSVG, § 13 BSVG, § 9 B KUVG, § 4 NVG 1972), 6 pension institutions (§ 479 ASVG), Bauarbeiter Urlaubs - und Abfertigungskasse (§ 14 BUAG), the pharmaceutical salary Fund for Austria (§ 1 salary Fund Act 2002) , the insolvency compensation fund (§ 13 IESG) and the IEF-service GmbH (§ 1 IEFG), 7 the main Association of Austrian social insurance institutions (§ 31 ASVG), 8 the Finanzprokuratur (§ 1 ProkG) and 9 required the lawyers to participate in the electronic legal relations.

10. after section 89n 89o the following paragraph with heading shall be inserted:

"Computer-assisted processing of extra data

§ 89o. Personal, computer-assisted processing of extra data after the delivery Act, Federal Law Gazette No. 200/1982, including electronic delivery data according to § 22 para 4 of the extra law may to the prosecution."

11 17 the following paragraph is added to article the 98:

"(17) in the version of Federal Law Gazette I no. 119/2013 enter into force:"



1. Article 26, paragraph 1, article 27, paragraph 1, 3 and 5, § 32 para 1, article 34, paragraph 1 and article 45, paragraph 1 GOG with September 1, 2013, with the proviso that the changes to apply are for the first time on the business distributions for the year distribution from 1 January 2014 to 31 December 2014;

2. Section 26a para 2 and 3, § 48a para 1, § 48b, § 78B, the heading of section 79 and section 89o including heading with September 1, 2013;

3. § 47b along with heading with 1 September 2013 provided for staff who are directly involved, there is no obligation to take the additional training, at the time of entry into force with a weighted workplace in a judicial service center but if necessary a participation and completion of parts thereof within the framework; to enable the training

"4. § 89c paragraph 5 with 1 January 2014, where section 89c paragraph 5 Z 5-7 as amended by Federal Law Gazette I no. 26/2012 does not take effect."

Article 2

Amendment of the law of intern

The law intern (RPG), Federal Law Gazette No. 644/1987, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. paragraph 6 ABS. 3:

'(3) legal interns and legal interns may after a five-month training at a district and regional court (or a public prosecutor's Office), by analogy with using this Federal Act also



"1. If a Court of appeal, 2. a Chief State Prosecutor, 3. the Supreme Court of Justice, such as in particular the evidence Office, 4th at 3supreme, 5th in a judicial institution, 6th in the enforcement Directorate and 7 in the Federal Ministry of justice are trained."

2. paragraphs 7 and 8 are each together with the heading:

"Practice courses

§ 7 legal interns and law interns have - in accordance with the organisational, human and spatial possibilities - the exercise courses established for judgeship candidates and candidates for judicial office (§ 14 RStDG) or to participate in own training courses for legal trainees and legal interns.

Education identification and assessment

A training card § 8 (1) is for legal trainees, and legal interns to lead, in which each after an assignment the Court or the public prosecutor's Office, the training period, the divisions and which or judge entrusted with training or judges or to lead responsible Prosecutor or Prosecutor, as well as the assessment given by this or this is, or with the training.

(2) the assessment of the services provided each has to be RStDG by analogy with the provisions of §§ 12 para 1 and 2 and 54 para 3.

(3) in the case of legal interns and legal interns who do not seek inclusion in the judicial preparation service, the establishment of the assessment can be limited to a compressed description and summary of the considerations.

(4) after completion of the Court practice the training by the President or by the President of the higher regional court is to be kept."

3. section 13 is together with the heading:

"Exemption


§ 13 (1) relative to a year is the legal trainee or the legal trainee entitled to exemption in the amount of 25 working days. The consumption of the indemnification claim is limited to two working days for each calendar month in the Court practice in the first three months of the Court practice.

(2) the exemption has, taking into consideration the requirements of training by the management of the respective services, legal trainee or the legal intern training is the assigned, to be carried out in agreement with the legal intern or the legal intern. An agreement is reached, the President or the President of the higher regional court decides whether the exemption.

(3) important personal reasons an exemption that is appropriate to the occasion can be granted legal intern or the legal intern by the management of the respective services on the extent indicated in paragraph 1 up to three working days in the year."

4. section 15 is together with the heading:

"Break through time

§ 15. Is a legal trainee or a legal intern for reasons other than absent because of exemption longer than twelve working days from the Court practice in total, so his or her legal practice is considered interrupted."

5. section 26 is together with the heading:

"Official confirmation

§ 26 (1) is the legal trainee or the legal trainee entitled to official confirmation of the Court practice. The official confirmation is to exhibit only on request.

(2) in the official confirmation of the essential content of the training card and the respective assessments with respect to the completed training stations (article 8) is to represent."

6 the following paragraph 2 is added to in section 29 g:

"(2 g) § 6 section 3 and sections 7, 8, 13, 15 and 26 respectively and heading as amended by Federal Law Gazette I no. 119/2013 with 1 September 2013 with the provision into force, that the new rules already in training legal interns and legal interns to apply are.

Fischer

Faymann