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 amending the Law of the Court of Justice and the Law on the Law of Law Practitioners

The National Council has decided:

Article 1

Amendment of the Court of Justice Act

The Court Organization Act (GOG), RGBl. No 217/1896, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In § 26 (1), § 32 (1) and § 45 (1), the word order shall be " 1 February to 31. Jänner " through the phrase " 1. Jänner until 31 December " replaced.

1a. § 26a (2) and (3) are:

" (2) The following functions shall be based on limitations of the workload to the extent specified, whereby the restriction per person shall not exceed a total amount of 50 vH:

1.

President or President of the Association of Austrian Judges and Chairperson or Chairman of the Federal Representation of Judges and Public Prosecutors in the Public Service Trade Union of 50 vH each,

2.

three Vice-Presidents of the Association of Austrian Judges and a Deputy or Deputy of the Chairpersons or the Chairman of the Federal Representation of Judges and Prosecutors in the Public service trade union of 25 vH each,

3.

President or President of the International or European Judith Association to the extent of 25 vH each.

(3) The names of the function carriers referred to in paragraph 2 shall be announced by the organizations mentioned to the Federal Ministry of Justice, which shall in turn communicate to the relevant departments. "

2. In § 27 (1) and § 34 (1), the word order shall be " 15 December to 10 inclusive. Jänner " through the phrase "15 November to 10 December including 10 December" replaced.

3. In § 27 (3) and (5), the expression "10 February" by the expression " 10. Jänner " , in addition, in § 27 (3), first sentence, the word "Jänner" by the word "December" replaced.

4. In accordance with § 47a, the following § 47b and heading is inserted:

" Justice Service Center

§ 47b. (1) In accordance with the needs of the population of the right-seeking population and the regional importance of a site, at any rate,

1.

at locations in which the country and district court are housed in the same building, and

2.

in district courts with at least five or more systemised full judges-or Judge posts

The Federal Minister for Justice can set up a Justice Service Centre for the treatment of, in particular, simple and quick-to-do searches and information.

(2) A judicial service centre may also be held jointly with a public prosecutor's office.

(3) In order to cooperate in a judicial service centre, only those staff members of the specialist service are to be used, who, by means of a corresponding training and several years of experience in the law sector, in particular also in relation to the Information technology-applications of the judiciary as well as a corresponding additional training in questions of communication, customer service and a training with regard to practice-related issues in customer-oriented areas. The closer stipulations for this specific additional training are to be found by the Federal Minister for Justice.

(4) To ensure the appropriate human and spatial equipment of the individual judicial service centre facilities as well as for their information-related connection to the IT applications of the judiciary, care must be taken. "

Section 48a (1) reads as follows:

" (1) According to the personnel and technical requirements, the provisions of the Federal Law on the Supreme Court, BGBl, are subject to the conditions laid down in the Federal Act. No 328/1968, on the decision-making documentation of the judiciary and on the general accessibility of decisions, including the final decisions of the courts of first and second instance and of the non-judicial authorities in the field of justice Collegiate authorities, in so far as these decisions are of general interest beyond the individual case, shall apply mutasensitily. "

6. In § 48b the turn becomes "judicial decisions" through the turn "Decisions pursuant to § 48a GOG" replaced.

7. In accordance with § 78c, the following § 78d with title is inserted:

" Proclamation of General Merits of the Judicial Authorities

§ 78d. (1) General events of the judicial authorities shall be published by publication in the Justice Intranet. The possibility of additional publication in the Federal Law Information System (RIS) remains unaffected by this.

(2) In the case of employees who do not have access to the Justice Intranet, they shall be subject to any other appropriate means of giving them the right to make a case in accordance with the provisions of paragraph 1.

(3) As soon as a decree has been published in accordance with paragraphs 1 and 2, no one can rely on the fact that he or she has not become aware of the same. "

8. The title of § 79 reads:

"Production of Erleallegations"

9. § 89c (5) reads:

" According to the technical possibilities,

1.

Lawyers as well as defence lawyers in criminal matters,

2.

Notaresses and notaries,

3.

Credit and financial institutions (Article 1 (1) and (2) of the BWG),

4.

Domestic insurance companies (§ 1 para. 1 VAG),

5.

Social insurance institutions (§ § 23 to 25 ASVG, § 15 GSVG, § 13 BSVG,
§ 9 B-KUVG, § 4 NVG 1972),

6.

Pension institutions (§ 479 ASVG), the construction workers ' holiday and terminal box office (§ 14 BUAG), the pharmaceutical salary fund (§ 1 Gehaltskassengesetz 2002), the insolvency fee fund (§ 13 IESG) and the IEF-Service GmbH (§ 1 IEFG),

7.

the main association of Austrian social insurance institutions (§ 31 ASVG),

8.

the financial procuration (§ 1 ProkG) and

9.

the Chambers of Lawyers

to participate in electronic legal transactions.

10. In accordance with § 89n, the following § 89o and heading is inserted:

" Automation-assisted processing of delivery data

§ 89o. The personal, automation-supported processing of delivery data in accordance with the Delivery Act, BGBl. No 200/1982, including electronic delivery data in accordance with Section 22 (4) of the Delivery Act, is permissible for the conduct of the proceedings. "

(11) The following paragraph 17 is added to § 98:

" (17) In the version of the Federal Law BGBl. I n ° 119/2013 enter into force:

1.

§ 26 (1), § 27 (1), (3) and (5), § 32 (1), § 34 (1) and § 45 (1) GOG with 1 September 2013, with the proviso that the changes for the first time to the business distribution for the business distribution year of 1. January 2014 to 31 December 2014;

2.

§ 26a (2) and (3), § 48a (1), § 48b, § 78d, the title of § 79 and § 89o, together with the title of 1 September 2013;

3.

Section 47b, together with the heading of 1 September 2013, provided that staff who are already in charge of an assessed workplace in a judicial service centre at the time of entry into force shall not be required to depart from the Supplementary training, but where necessary, participation and completion of part of the training should be made possible in the course of further training;

4.

Section 89c (5) with 1. Jänner 2014, where § 89c (5) Z 5 to 7 in the version of the Federal Law BGBl. I n ° 26/2012 does not enter into force. "

Article 2

Amendment of the Act on Legal Practice

The Law Sprawling Law (RPG), BGBl. No 644/1987, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 6 (3) reads:

" (3) Legal practitioners can, after a five-month training course, be able to take part in a district and regional court (or a district court). in the case of a public prosecutor's office) under the appropriate application of this federal law,

1.

at a Higher Regional Court,

2.

at an upper prosecutor's office,

3.

in the case of the Supreme Court, in particular in the evidence office,

4.

at the General Procuration,

5.

in a judicial institution,

6.

in the Executive Directorate; and

7.

in the Federal Ministry of Justice

"

2. § § 7 and 8 are each together with the headline:

" Exercise Courses

§ 7. Legal practitioners have-in accordance with the organisational, personnel and spatial possibilities-of the training courses (§ 14 RStDG) or on the training courses set up for the Judges and Judges of the Judges for the Judges of the Judges of the To take part in our own practice courses, which are organised in a legal way.

Training certificate and assessment

§ 8. (1) A training card shall be provided for legal practitioners and legal practitioners, in which the court or tribunal shall, in each case, after the expiry of an assignment, the court or tribunal. the public prosecutor's office, the training period, the business divisions and the judge or judge entrusted with the training or the training period, the public prosecutor or the public prosecutor responsible for the training, and the assessment made by him or her, must be carried out.

(2) The assessment of the services provided shall be carried out with the appropriate application of the provisions of § § 12 (1) and (2) and 54 (3) RStDG.

(3) In the case of legal practitioners who are not seeking admission to the judicial preparatory service, the justification for the assessment may be based on a condensed description and summary of the considerations limit.

(4) After termination of the court practice, the certificate shall be issued by the President. to be kept by the President of the Higher Regional Court. "

3. § 13 reads as follows:

" exemption

§ 13. (1) In the case of a training year, the right-holder or the right-holder shall be entitled to an exemption in the amount of 25 working days. However, the consumption of the exemption entitlement is limited in the first three months of the court practice to two working days for each calendar month completed in the court practice.

(2) The exemption shall be based on the requirements of the training provided by the management of the respective department, to which the legal trainee or the legal trainee is assigned for training, in agreement with the legal trainee. or to the right-to-say. If an agreement is not reached, the President of the Higher Regional Court shall decide on the exemption.

(3) For important personal reasons, the legal trainee or the right-holder may, in addition to the extent cited in paragraph 1 above, be able to give an appropriate exemption for up to three working days in the case of the management of the respective service. Training year shall be granted. "

4. § 15 and title shall read:

" Interruption by time lapse

§ 15. If, for reasons other than exemption, a legal trainee or a legal trainee is absent from the court practice for a total of more than twelve working days, her or her judicial practice shall be deemed to have been interrupted. "

Section 26, together with the headline:

" Official Confirmation

§ 26. (1) The legal trainee or the legal trainee shall be entitled to an official confirmation of the court practice. The official confirmation must be issued on request only.

(2) In the official confirmation, the essential content of the training card and the respective assessments with regard to the completed training stations (§ 8) shall be presented. "

6. The following paragraph 2 g is added to § 29:

" (2g) § 6 para. 3 as well as § § 7, 8, 13, 15 and 26 in each case together with the title in the version of the Federal Law BGBl. I n ° 119/2013 will enter into force on 1 September 2013 with the proviso that the new regulations will also apply to the legal practitioners already in the training course.

Fischer

Faymann