Electronic Transfer Or Transmission Of Pleadings From Side Dishes To Pleadings, Of Copies Of Procedures Of The Constitutional Court And Copies Of Pleadings And...

Original Language Title: Elektronische Einbringung bzw. Übermittlung von Schriftsätzen, von Beilagen zu Schriftsätzen, von Ausfertigungen von Erledigungen des Verfassungsgerichtshofes und von Kopien von Schriftsätzen und ...

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82. Regulation of the President of the Constitutional Court on the electronic introduction or Transmission of pleadings, supplements to pleadings, copies of documents from the Constitutional Court and copies of written pleadings and supplements

On the basis of Section 14a (2) and (3) of the Constitutional Court Act 1953-VfGG, BGBl. No. 85/1953, as last amended by the Administrative Jurisdictional Act of 2013, BGBl. I No 33/2013, shall be arranged:

Electronic submission of pleadings and supplements to pleadings

§ 1. (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:

1.

by means of electronic legal traffic,

2.

on electronic delivery services in accordance with the provisions of the third paragraph. Section of the Delivery Act-ZustG, BGBl. No 200/1982,

3.

by means of the electronic act or

4.

with on the website www.vfgh.gv.at retrievable electronic forms.

(2) 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 n ° 10/2004).

(3) Any pleadings or supplements to pleadings by means of electronic legal transactions (par. 1 Z 1), one of the Federal Minister of Justice on the website www.edikte.justiz.gv.at known to be operated by the transmitting agency. The transmitting agency shall ensure that pleadings and supplements to pleadings are accepted and further processed only if they correspond to the interface description (§ 3).

(4) Has the transmitting authority (para. 3) 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.

(5) pleadings and supplements to pleadings which are subject to electronic legal transactions (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, shall apply mutatily.

Electronic transmission of copies of allegations of the Constitutional Court and copies of written pleadings and supplements

§ 2. (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 applying a procedure within the meaning of Article 1 (1) (1) (1) (1) to (3). 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 written pleadings and supplements to letters sent by electronic means of law (Section 1 (1) (1) (1)), the written code (Section 1 (5)) shall be used for the purpose of: Name of recipient. If a participant uses electronic legal services (Section 1 (1) (1) (1)) of a number of transmission agencies (Section 1 (3)), copies and copies of written records and supplements shall be sent electronically via the transmitting agency. , which was last commissioned by the participant. 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 allegations made by the Constitutional Court are to be provided with an electronic signature, § 19 of the eGovernment Act, BGBl. I n ° 10/2004. Any use of the electronic signature of the Constitutional Court is automationsupported in a protocol that has the name of the user to record. This Protocol shall be kept for a period of at least three years.

Interface description

§ 3. With regard to 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 the contents of the field, 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.

Data security

§ 4. (1) In order to safeguard against abuses, the parties involved in the electronic introduction of pleadings and inserts (§ 1) shall be ensured by appropriate technical and organizational measures to ensure that the input is only of the electronic , which is referred to as a feeder in the input. When registering a natural person as a provider with a transfer agency, the identity of the provider shall be checked by the person responsible for the transmission.

(2) It is also necessary to ensure that the data of documents within the meaning of § 2 can only be obtained from the area of disposal of the consignee designated in the service and is secured there against abusive access.

(3) In order to ensure data integrity, every transmission in the electronic legal system (§ 1 para. 1 (1) (1)) must be encrypted. To ensure authenticity, all parties involved in the transfer are certificates issued by a certification-service-provider (ZDA) in accordance with § 2 Z 10 Signature Act-SigG, BGBl. I No 190/1999 shall be used. In the communication between the transmitting agency and the Bundesrechenzentrum GmbH, certificates issued by the Bundesrechenzentrum GmbH can also be used.

entry into force

§ 5. This Regulation shall enter into force on 8 April 2013. From this date, documents within the meaning of Section 14a (1) VfGG may be submitted electronically by the application of a procedure within the meaning of Section 1 (1). shall be forwarded.

Linguistic equality

§ 6. As far as natural persons are referred to in this Regulation only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

Holzinger