82. Decree of the President of the Constitutional Court of the introduction of electronic transmission of pleadings from side dishes to pleadings, of copies of procedures of the Constitutional Court and copies of pleadings, and side dishes
On the basis of § 14a para 2 and 3 of the Constitutional Court Act 1953 - VfGG, Federal Law Gazette No. 85/1953, as last amended by the Verwaltungsgerichtsbarkeits implementation Act 2013, Federal Law Gazette I no. 33/2013, is prescribed:
Electronic transfer of pleadings and enclosures to pleadings
§ 1 (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 way:
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, 3rd in the ways of the electronic file or 4th on the website www.vfgh.gv.at retrievable electronic forms.
(2) 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) to provide.
(3) 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 (section 3).
(4) the transmitting Agency (para 3) 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.
(5) statements and supplements to the pleadings, in the way 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, will you receive application.
Electronic transmission of copies by riches of the Constitutional Court and by copies of pleadings, and side dishes
2. (1) copies of procedures of the Constitutional Court and copies of pleadings and enclosures to pleadings can be transmitted electronically Z 1 to 3 in accordance with the technical possibilities through application of a procedure within the meaning of § 1 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, in the way of electronic transactions (article 1, paragraph 1 Z 1) transmitted, serves the address code (§ 1 para. 5) to the name of the recipient. Makes use of a participant in the electronic legal relations (section 1 para 1 No. 1) several points of delivery (§ 1 para. 3), 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, has to comply with. Any use of the electronic signature of the Constitutional Court is automatically in a log that indicates that the user name, to hold. This Protocol is for at least three years to be kept.
§ 3. In terms of electronic transactions (section 1 para 1 No. 1), the 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.
§ 4 (1) to safeguard against abuses is by the the introduction of electronic pleadings and side dishes (section 1) involved through appropriate technical and organizational measures to ensure that the input electronically can be introduced only by one, called consignors in the input. When you register a natural person as a provider in a transmitting Agency, the identity of the single provider is from this to consider.
(2) Similarly, it is to ensure that the data can be obtained and there are protected from improper access of documents within the meaning of section 2 of the available area of the recipient specified in the delivery.
(3) in order to ensure data integrity has any transfer in electronic legal relations (§ 1 para 1 Z 1) encrypted to be carried out. To ensure the authenticity of a certification service provider (CSP) in accordance with article 2 are all certificates involved in the transfer, Z 10 signature Act - SigG, Federal Law Gazette I no. 190/1999, issued are to use. In the communication between the transmitting Agency and Federal Data Center GmbH, issued certificates can be used also by the Federal Data Center GmbH.
Entry into force
§ 5. This Regulation shall enter into force April 8, 2013. From this day documents can in the sense of § 14a 1 VfGG application proceedings within the meaning of § 1 para 1 are electronically filed or delivered.
Linguistic equal treatment
§ 6. As far as this regulation to natural persons are related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.