Determination Of The Finanzprokuratur As Ou Of The Flexibility Clause To The Application Reaches

Original Language Title: Bestimmung der Finanzprokuratur als Organisationseinheit, bei der die Flexibilisierungsklausel zur Anwendung gelangt

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190. Regulation of the Federal Minister The Federal Minister of Finance on the determination of the financial procuration as an organizational unit in which the flexibilisation clause is applied

On the basis of § § 17a and 17b of the Federal Budget Act, BGBl. No. 213/1986, in the version of the Federal Law BGBl. I No 67/2010, shall be arranged:

Section 1

Scope

§ 1. As an organizational unit according to § 17a (1) of the Federal Budget Act, BGBl. No. 213/1986, in the version of the Federal Law BGBl. I No 67/2010, in which the flexibility clause is applied in accordance with Articles 17a and 17b and the provisions contained in this Regulation, the financial procuration shall be determined.

§ 2. The project period is 1. January 2002 started and ends on 31 December 2012.

Project Program

§ 3. The aim of the organisational unit is to refer to the principles of financial management in accordance with § 2 of the Federal Budget Act

1.

To increase efficiency in the exercise of the legally mandated tasks of the representation and legal advice of the Federal Government and other legal entities,

2.

to uphold the success rate in the area of legal representation,

3.

provide legal expertise to advise the federal government and the other legal entities in legal matters in the field of the entire legal system and at the highest attorney level,

4.

to increase the revenue in relation to expenditure by implementing structural reform in the long term,

5.

keep the budget requirements stable with at least the same quality of performance.

§ 4. In order to achieve the objective in accordance with § 3, the organisational unit shall have the Annex to comply with the project programme.

Section 2

Special appropriations and regulations during the project period

§ 5. The organizational unit is authorized to use its revenue during the project period in accordance with § 17a (2) to (6) of the Federal Budget Act to cover its expenditure requirements in the implementation of the project programme.

§ 6. The head or the head of the organizational unit is authorized for the duration of the project period, in the respective financial year in the case of the preliminary estimates of the organizational unit over-planned expenses in accordance with § 17a (3) of the Federal Budget Act , to the extent that a covering of the additional expenses is ensured by each individual expenditure savings or additional income of the organizational unit and by the overscheduled expenses of the for the organizational unit in the Federal estimate for the The difference between revenue shown in the financial year in question and expenditure is not deteriorated.

§ 7. By way of derogation from § 52 (2), first sentence of the Federal Budget Act, the organisational unit within the project period may only make payments at the expense of the financial year in question by 31 December.

Reserves

§ 8. (1) The Federal Minister The Federal Minister of Finance has, in accordance with the conditions laid down in Section 17a (4) and (5) of the Federal Budget Act,

1.

positive difference amounts in the area of the organisational unit of a flexibilisation reserve and

2.

negative goodwill in the area of the organisational unit as a minus reserve of the flexibilization reserve

for the organizational unit.

(2) Further deposit formation on the basis of a federal financial law authorization or in accordance with § 53 of the Federal Budget Act may not be effected with the exception of § 53 (2).

§ 9. The Federal Minister According to § 17a (6) of the Federal Budget Act, the Federal Minister of Finance has to provide the organisational unit with amounts from the flexibilization reserve formed in its favour, in accordance with the requirements of the Federal Budget Act.

Positive goodwill

§ 10. (1) Positive difference amounts shall be used and divided in accordance with Section 17a (4), (5) and (6) of the Federal Budget Act. The Federal Minister The Federal Minister of Finance has the division according to § 17a (5) penultimate sentence after hearing the controlling advisory board and in accordance with § 17a (6) first sentence of the Federal Budget Act up to the 20. In each case, the following financial year shall be decided.

Before this decision, the Federal Minister the Federal Minister of Finance with the Head of the to lead the head of the organizational unit negotiations on the division key. In the event of an agreement, the allocation shall be based on the conditions laid down.

(2) The percentage of the employee to be used by the organisational unit in accordance with § 17a (5), last sentence of the Federal Budget Law for Rewards or Performance Premiums, for the staff involved in the success and for the further training of their staff Different amounts shall not exceed 25 vH of this amount.

Negative goodwill

§ 11. Negative goodwill amounts are to be covered and compensated in accordance with § 17a (4) and (5) first to third sentence of the Federal Budget Act.

Section 3

Controlling-Advisory Board

§ 12. (1) In the case of the Federal Minister The Federal Minister of Finance has had the effect of 1. January 2002 to December 31, 2011 a Controlling Advisory Board established. The establishment of the Controlling Advisory Board will be extended until 31 December 2013.

(2) The Controlling Advisory Board shall include the following members to be ordered in accordance with Section 17a (7) (1) (1) of the Federal Budget Act for the period referred to in paragraph 1 above:

1.

two representatives Representatives of the Federal Minister The Federal Minister of Finance, with one person to the is to be appointed as Chairman, and

2.

a consultative, non-voting expert an advisory, non-voting expert in the field of business management.

(3) For the period referred to in paragraph 1, a substitute member shall be appointed for each member who shall, however, exercise his function only in the absence of the member represented.

Rules of

§ 13. The Advisory Council shall adopt its Rules of Procedure, which shall be approved by the Federal Minister, respectively. of the Federal Minister of Finance, and in particular to provide for:

1.

that the Advisory Council is able to take a quorum if the representatives, representatives are present;

2.

under which conditions the absence of a member is considered to be excused and therefore the replacement member is to be charged;

3.

the conditions under which the head and/or the Head of the Financial Procuration and the Representative/ The representatives of the Financial Procurature Committee shall be included;

4.

that the Advisory Council has to meet at least once per calendar quarter of the project period, and

5.

that the the chairman shall draw up an agenda and, together with the documents required for the consultation, draw up such an agenda for at least five working days before the meeting.

Tasks

§ 14. The Advisory Council shall, in particular:

1.

to participate in budget and personnel controlling for the organizational unit according to § 15a of the Federal Budget Act;

2.

examine the reports in accordance with § 15, draw up an opinion on the report and, together with the report, immediately inform the Federal Minister, respectively. the Federal Minister of Finance and the respective opinion at the same time as the head of the to the head of the organizational unit;

3.

To the extent necessary, to prepare recommendations for the implementation of the project programme within the project period and the Federal Minister, respectively. the Federal Minister of Finance and the Head of the Federal Republic of Germany to submit the head of the organizational unit;

4.

to submit an opinion to the draft report on the control of success pursuant to § 17a (8) of the German Federal Budget Law; this opinion shall be attached to the report.

Organizational Unit Reporting Obligations

§ 15. (1) The Head or the head of the organizational unit has the advisory board

1.

at least once in the calendar quarter of the project period, a report and

2.

to submit a final report on the implementation of the project programme by 30 June of the financial year following the end of the project period at the latest.

(2) The reports referred to in paragraph 1 shall, in particular, provide a sufficiently detailed account of the project programme, in particular the objectives set out therein, the performance catalogue, the development of revenue and expenditure, and the planning points. Reasons for deviations from the project programme shall be justified.

(3) Reports referred to in paragraph 1 (1) (1) shall also include a preview of the future implementation of the project programme.

(4) The Head or the Head of the Organizational Unit shall submit additional reports to the Advisory Board, if necessary, within a reasonable period of time.

Section 4

Transitional and final provisions

§ 16. (1) If the difference is positive at the end of the project period, Section 17b (2) of the Federal Budget Act and § 10 shall apply.

(2) A negative difference amount at the end of the project period is in accordance with Section 17b (1) of the Federal Budget Act by the Federal Minister of Germany or the Federal Republic of Germany. from the Federal Minister of Finance.

§ 17. With the entry into force of this Regulation, the Federal Minister's Regulation The Federal Minister of Finance for the determination of the financial procuration as an organizational unit, in which the flexibility clause is applied, BGBl. II No 501/2008, except for force.

Fekter

Annex

Project Program

pursuant to § 17a (9) (3) of the Federal Budget Act

1. Strategic objectives of financial procuration:

-

Establishment of financial prokuratur as a competent, efficient and modern service provider for its clients who are legally circumscribed;

-

Consolidation and the expansion of the financial prokuratur as a lawyer of their clients, who as a central contact person legally represents and advises his clients in all areas;

-

dynamic expansion and further specialisation in individual areas of law (tailored to the needs of the clients) despite the fundamental coverage of all legal areas;

-

Strengthening the coordinating role for the clients;

-

Development of financial prokuratur as an unbureaucratic and central contact point for citizens in the event of claims against their clients (One Stop Shop);

-

Increased support under the Financial Procuration Act of 8.8.2008, BGBl. I n ° 110/2008, newly defined clients (in particular those of the Länder and municipalities);

-

Achieving higher cost recovery through cost-conscious task acquisition and performance;

-

to increase efficiency in the performance of the tasks assigned by the legislator in the context of the expenditure and revenue that is likely to be required during the project period, as well as

-

Implementation of an efficient and meaningful cost-and performance calculation that is compatible with the federal government; concrete design and measurement of these objectives.

2. Key tasks of financial procuration

-

representation of legal entities as a party or other parties before all courts and administrative authorities;

-

To bring about an out-of-court settlement between two or more entities and mediation in the event of disputes between institutions of a legal entity (mediation);

-

Reimbursement of referrals;

-

Advice on legal and regulatory projects;

-

Evaluation of draft laws and regulations;

-

Comprehensive advice in legal matters, for example through the reimbursement of legal opinions, through participation in the conclusion of legal transactions and in the drafting of legal documents;

-

Offer general legal information;

-

Intervention as an official party in the cases provided for by law, and

-

Acceptance of claims to be made to the Federal Government in civil matters, even without the existence of a specific contractual relationship and forwarding these letters to the competent authority.

These tasks are to be carried out by the financial prokuratur for the following clients:

1. Compulsory has the financial procuration

-

To represent the Republic of Austria (Federal Republic of Austria) before all ordinary courts, unless other institutions are permitted to intervene in their own sphere of action on the basis of special legal provisions, and

-

Foundations and funds to be represented in accordance with the Swiss Federal Foundation and the Fund Act, insofar as it is the constitution or the introduction of the assets to be allocated for the purpose of the constitution.

2. Optional has the financial procuration

-

advise the Republic of Austria (Federal Government) in legal matters;

-

To represent countries and municipalities before the ordinary courts, the special courts of the private and public law as well as the administrative authorities and to advise them in all legal matters, as well as

-

Legal entities in which the Federal Government is majority-directly or indirectly involved;

-

Legal entities for which the Federal Government has to pay for its demise or which it mainly contributes to the financing thereof;

-

Legal entities which are administered by federal bodies or by persons (partnerships), which are appointed by federal bodies or by entities in which the Federal Government is a majority directly or indirectly involved;

-

Bodies and institutions of public law, as well as

-

Foundations and funds under public law where no mandatory representation has to be made.

-

The financial procuration shall also be required to protect public interests and to take all possible applications and remedies if the urgency of the case requires immediate intervention or if no authority is required to: .

-

In addition, it has to intervene in the cases provided for by law as an official party.

3. Legal bases

The legal status of the financial procuration and the principles of its activities are in the Financial Procuration Act of 8.8.2008, BGBl. I No 110/2008.

4. General objectives of financial procuration

4.1 Technical Objectives

-

Effective and efficient enforcement of legitimate claims of their clients Defence against unauthorised claims against these legal entities on the basis of the prospects for success and the economic viability or the appropriateness of the process,

-

Maintain legal expertise available at all times to advise your clients in legal matters in the field of the entire legal system and at the highest attorney level,

-

successful submission of claims by their clients,

-

the legal order corresponding to the act of acting as an office party or in other cases, in accordance with the law provided for by law, including, in particular, the interests of the right-wing population (for example, in the request procedure provided for by law),

-

Development of specialist specialisation in terms of the specific needs of the clients and

-

Promotion of education and training.

4.2 Management objectives

-

Maintain the current success rate in the area of legal representation,

-

Improvement of expertise in special areas of law through targeted personnel development (development of a training and further education concept) to achieve above-average expertise in the legal areas relevant to the financial prokuratur,

-

Establishment of a knowledge platform for the centralization and coordination of expertise,

-

Improve communication with the departments and other clients, for example through regular performance reports,

-

Implementation of a meaningful cost and benefit calculation to improve the evaluation and settlement of the attorney's services by the end of the project period,

-

Implementation of the new organizational structure and continuous optimization of the business and personnel division,

-

Compliance with budgetary objectives, according to the project programme,

-

an increase in income-effective revenue, taking into account the implementation of the structural reform in the project period,

-

greater flexibility and better accessibility of employees outside of core working hours.

-

Building up a public relations work that supports the strategic objectives, such as by newsletter, revision of the homepage, and

-

Define and agree on strategic and operational objectives with the individual business areas.

5. Performance Measures

-

Success rate for legal representation services

As reported in the activity reports of the financial procuration, in the long-standing average about 65 vH of all the processes run by the financial prokuratur end with a positive result for the client, about 13 vH with a negative for the client negative Result, the rest with a neutral or non-evaluable result (each with a fluctuation width of 2 vH up and down).

This success rate is to be maintained.

-

Legal value creation

The legal value added is based on the approaches according to the RechtsanwaltstarifG and/or The Autonomous Honorary Criteria and the NotariatstarifG are the objective value of the legal activity of the financial procuration.

It amounted to around EUR 10.115 million in 2008 and around EUR 10.648 million in 2009.

The total value added in the amount of around EUR 10.115 million for the year 2008 is composed of: EUR 8.137 million for the Federal Government's value added, as well as EUR 1.978 million of value added for the faculty's mandated mandates. Approximately 80.45% were accounted for by representatives and advisory services for the federal government and about 19.55% on representative and advisory services for other legal entities (optional mandants).

The total value added in the amount of around EUR 10.648 million for the year 2009 is made up of: EUR 8.843 million of the value added for the Federal Government and EUR 1.805 million of value added for the faculty's mandate. There were approximately 83.05% of representative and advisory services for the federal government and approximately 16.95% on representative and advisory services for other legal entities (optional mandants).

The amount of € 8.651 million for the year 2007 consists of € 7,024 million value added for the federal government as well as € 1,627 million value added for the faculty's mandant. Approximately 81.19% were accounted for by representatives and advisory services for the federal government and approximately 18.81% on representative and advisory services for other legal entities (optional mandants).

Since the representation and advisory services of the financial procuration are not specifically shown in the federal budget, net income from the balance is only made up of about one fifth of the total amount of work. For this reason, the achievement of objectives is always to be assessed in connection with the performance measure of value-added value.

The legal foundations required for the implementation of the structural reform, which was largely carried out in the years 2009 to 2010, were laid down by the Financial Procuration Act of 8 August 2008, BGBl. I n ° 110/2008, which entered into force on 1 January 2009.

As a modern service provider, the implemented structural reform is to enable the financial prokuratur to be able to advise and represent its clients even more efficiently in the future and also to be able to approach their clients more effectively. The latter was only made possible by the orientation of the legal service according to material material. A more targeted training and specialisation of the employees has also been achieved through the comprehensive change in organisation.

- Financial Procuration Income Effective

In 2009, the revenue generated by the financial procuration amounted to approximately 1.4 million euros. Of these, approximately 49.5% were paid for remuneration in accordance with § 49a BHG and about 50.5% on cost revenues from factual parties.

The aim is to achieve the revenue-effective revenue calculated under point 7 of the project programme under the assumption of unchanged statutory representation regulations.

6. Presentation of the planning posts that are expected to be required during the project period:

Establishment plan

Preview

2009

2010

2011

2012

Official/Usage Group

A1

32

32

27

27

A2

3

3

3

3

A3

5

5

3

3

Total Officials

40

40

33

33

VB/Entlohnungsgruppe

v1

18

18

30

30

v2

6

6

9

9

v3

18

22

33

33

V4

14

14

3

3

h1

h2

h3

h4

3

3

2

2

h5

1

1

I/e

Total VB

59

63

78

78

Total

99

103

111

111

The flexible conversion of A1-in the direction of v1-posts started in the previous regulation period in 2009 and 2010 has been successfully continued. As a result of the evaluation discussions, extensive reinforcements were also made in the area of v3 jobs.

These personnel measures allow those in the Financial Procuration Act, BGBl. I n ° 110/2008, intended to fulfil the tasks of the financial procuration, in particular the active offer of legal services to faculty mandants, which was made possible by the structural reform, and taking account of the fact that it was due to the high level of Age structure in the financial procuration in the coming years to be expected retirements and the training of new legal staff, the best possible maintenance of the law-service.

7. Presentation of the expenditure likely to be required during the project period and the revenue to be achieved:

Basics

Impact

Success 2009

BVA 2010

Precede. 2010 Success

BVA-E 2011

BVA-E 2012

Expenditure

UT 0

5.834.100

6.650.000

5.974.000

6.433.000

6.636.000

UT 3

4.300

15.000

2.500

15.000

15.000

UT 7

0

1.000

500

1.000

1.000

UT 8

487.200

660.000

539.000

559.000

559.000

Total

6.325.600

7.326.000

6.519.000

7.008.000

7.211.000

Revenue

UT 4

1.403.300

1.700.000

2.893.000

1.700.000

1.700.000

UT 7

0

3.000

0

3.000

3.000

Total

1.403.300

1.703.000

2.893.000

1.703.000

1.703.000

Budgetsaldo

-4.922.300

-5.623.000

-3.626.000

-5.305.000

-5.508.000

Value of the attorney's performance

10.648.000

8.072.000

9.500.000

8.393.750

8.492.500

Performance Balance

5.725.700

2.449.000

5.874.000

3.088.750

2.984.500

The comparison of expenditure and revenue is only limited to the actual scope of the financial procuration. In the case of representation and counseling of the federal government (approximately four fifths of the total legal activity), only cost income from factual parties is achieved, while fee income is only incurred when representing and advising faculty mandants. However, the representation and advice of the federal government is budget-effective, since in this respect the acquisition of legal services is no longer necessary. For this reason, it is appropriate to provide the balance of expenditure and revenue with the objective value of the legal representation and advisory services of the financial prokuratur for the federal government.

Explanatory notes to point 7.

UT 0-Human Resources

Personnel expenses are due to the posts in item 6. , whereby predictable expenditure increases (structure effect and fictitious salary increase) have already been calculated as a result of currently existing service and remuneration regulations.

UT 3-Annexes

When the UT3 was set, it was taken into consideration the needs of the financial procuration.

UT 8-expenses

The planning of the material expenditure from 2011 is based on the expected success of 2010 as well as on the need to implement the second part of the structural reform.

UT 4-Revenue

The revenue of the financial procuration is the result of

-

Payment of the costs of the parties concerned and the costs of

-

Remuneration from the federal government of various clients for the legal representation and advice on the basis of § 49a BHG in conjunction with the LA-V

-

Federal remuneration for the legal representation and advice on the basis of § 49 BHG in connection with the LA-V were not calculated as effective income, should such income be incurred during the project period, the revenue forecast would be shall be corrected accordingly.