Amendment Of The Court Organization Act

Original Language Title: Änderung des Gerichtsorganisationsgesetzes

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136. Federal Law amending the Law of the Court of Justice

The National Council has decided:

The Court Organization Act (GOG), RGBl. No 217/1896, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

(1) The following paragraph 5 is added to § 29:

"(5) In the course of the organization and settlement of the court days, pre-registration systems can be used with the proviso that the holding of the respective court day on the date in question shall not be held without the appropriate time-appropriate advance notification."

Section 43 (1) reads as follows:

" (1) The President shall, in his duties, be appointed by the Vice-President (at the Vienna Higher Regional Court by the two Vice-Presidents) and also by the President of the Senate, in accordance with the division of business for the administration of justice to be adopted by him. and/or other judges. For the cooperation of the senate presidents and judges of the Oberlandesgericht, the planning offices of the Oberlandesgericht (Oberlandesgericht) are assigned to the extent of 1 vH of the judges ' posts assigned to the Oberlandesgericht (Oberlandesgericht) (without posts with special legal regulations). For the purposes of this Regulation).

3. The following paragraph 3 is added to § 47:

" (3) § 27 (5) and (6) shall be applied in accordance with the conditions laid down in

1.

the staff senate of the Oberlandesgericht may issue an opinion on the complaint; and

2.

on the decision on the appeal of the external Senate of the Supreme Court. "

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

" Justice Ombudsman

§ 47a. In each Higher Regional Court, a judicial ombudsman is to be set up to deal with inquiries and complaints about the activities of the courts. "

5. In accordance with § 73, the following § 73a and title shall be inserted:

" Association of Austrian judges and judges

§ 73a. (1) The Federal Minister, The Federal Minister for Justice informs the Association of Austrian judges to uphold the interests of judges on important changes in service operations and gives them the opportunity to do so before basic To be consulted and to seek advice on the reshaping of the judicial working environment. In addition, the Association of Austrian Judges may submit proposals to the Federal Minister for the purpose of promoting the operation of the service in the judicial system. The Federal Minister for Justice and the Federal Ministry of Justice and the Federal

(2) In any case, the Association of Austrian Judges is to be heard prior to the release of the more detailed provisions relating to § § 78a and 78b and in the content of the selection procedure as well as of the judicial preparatory service. Furthermore, it is to be informed in the individual proceedings for inclusion in the judicial preparatory service on the results of these proceedings and to give it an opportunity to comment. "

6. In § 89j

(a) the paragraph 2 reads:

" (2) If an attack on the court board is arranged in procedural laws or other legal provisions, this arrangement may also be complied with by a recording in the edible file, provided that this corresponds to the purpose of the notice. The data in question shall be made available for the respective period of time for the interrogation. ";

(b) the previous paragraph 3 is deleted;

(c) the previous paragraph 4 shall be given the name "(3)" .

7. In accordance with § 89m, the following § 89n with headline is inserted:

" Automation-assisted processing of process contents

§ 89n. The personal, automation-assisted processing of data on the content of the duties of the judicial office is permissible only in a generalizing form outside a judicial procedure. "

8. The following paragraph 14 is added to § 98:

" (14) § 29 (5), § 43 (1), § 47 (3), § 47a, § 73a, § 89j and § 89n, respectively, as amended by the Federal Law BGBl. I n ° 136/2011 are due to 1. Jänner 2012 in force. "

Fischer

Faymann