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 and the Federal Minister of finance concerning the definition of the Finanzprokuratur as OU of the flexibility clause to the application reaches

On the basis of §§ 17a and 17B of the Federal Budget Act, Federal Law Gazette No. 213/1986, in the version of Federal Law Gazette I is no 67/2010, decreed:

1 section

Scope of application

§ 1. As the organizational unit referred to in section 17a (1) of the Federal Budget Act, BGBl. No. 213/1986 in the version of Federal Law Gazette I no. 67/2010, in which enters the flexibility clause in accordance with §§ 17a and 17B, and the provisions contained in this regulation to apply, will the Finanzprokuratur determined.

§ 2. The project period has begun with January 1, 2002 and ending on 31 December 2012.

Project program

§ 3. The OU aims, taking into consideration the principles of financial management in accordance with article 2 of the federal budget law efficiency in the perception of the statutory tasks of the representation and legal advice of the Federal Government and other legal entities to increase 1, to maintain 2. the previously given success rate in the field of legal representation, legal expert to advise the Federal Government and of other legal persons in legal matters in relation to the entire legal system and at the highest legal level to provide 3. , 4. the revenue in relation to the issues caused by the implementation of structural reform in the long term to increase, 5. the budget requirements with at least the same quality performance stable to hold.

§ 4. for the purpose of achieving the objective referred to in article 3 has the organizational unit to meet the project programme contained in the annex.

2. section

Special appropriations and rules during the project period

§ 5. The organizational unit is authorized to use their revenues during the project period in accordance with § 17a para 2 to 6 of the federal budget to cover their expenditure requirement in implementing the project.

§ 6. The head or the head of the organizational unit is authorized to provide over planned spending as far as a covering of overspending by their own expenditure savings or revenue of the OU is ensured and the difference amount between revenue and expenditure for the organizational unit in the federal budget for the financial year is not worsened by overly planned spending during the financial year the OU budget approaches in accordance with Article 17a par. 3 of the federal budget law for the duration of the project period.

§ 7 in derogation from § 52 para 2, first sentence, of the federal budget law may OU during the project period only until December 31 at the expense of the respective financial year payments.

Reserves

8. (1) the Minister or the Minister of Finance has in accordance with the requirements of § 17a 4 and 5 of the Federal Budget Act 1 to feed positive differences in terms of the organizational unit of a flexibility reserve and 2 negative differences in terms of the organizational unit as a negative reserve of flexibilisation reserve for the organizational unit.

(2) a more reserves on the basis of a federal finanzgesetzlichen empowerment or according to § 53 of the federal budget law may not be with the exception of § 53 para 2.

§ 9. The Federal Minister or the Minister of Finance has the organizational unit referred to in § 17a, paragraph 6, of the federal budget in accordance with their necessary requirement to provide amounts from the flexibilisation reserve formed in their favor.

Positive differences

Positive differences are section 10 (1) in accordance with Article 17a, paragraph 4, 5 and 6 of the Federal Budget Act to use and to distribute. The Federal Minister and the Federal Minister of finance penultimate sentence has the allocation referred to in Article 17a, paragraph 5 after hearing of the controlling Committee and pursuant to section 17a to decide paragraph 6, first sentence, of the federal budget act until 20 January of the following financial year.

Prior to this decision, the Minister or the Minister of finance with the head or the head of the organizational unit has to negotiate the distribution key. In the case of an agreement, the Division has their accordance to be carried out.

(2) by the organizational unit referred to in Article 17a, paragraph 5, the last sentence of the federal budget law for rewards or incentives to their success may involved staff and to be used for the training of their staff share in the positive difference will not exceed 25 vH of shortfall.

Negative goodwill

§ 11 negative differences are in accordance with Article 17a (4) and 5 first to cover until the third sentence of the federal budget law and to compensate.

3. section

Controlling Board

Section 12 (1) the Minister or the Federal Minister of finance a controlling Advisory Board was established with effect from 1 January 2002 to 31 December 2011. The establishment of the controlling Committee will be extended until 31 December 2013.

(2) the controlling Board, include the following map according to members to be ordered § 17a para 7 subpara 1 of the federal budget law for the period referred to in paragraph 1: 1 two representatives or representatives of the Minister and the Federal Minister of finance, whereby a person to the or is appointed as Chairman, as well as a 2nd Advisory, non-voting expert or an advisory, non-voting expert from the field of business administration.

(3) for the period referred to in paragraph 1 a substitute member is for every Member to order, which may exert its function but only in the absence of the represented Member.

Rules of procedure

§ 13. The Advisory Board shall adopt its rules of procedure, which shall require the approval of the Federal Minister and the Federal Minister of finance itself and in particular to provide has 1 that the Advisory Board is quorate if the representatives or representatives are present;

2. under what conditions the absence of member considered excused and is to load so the replacement member;

3. the conditions under which the head or the head of the Finanzprokuratur and the representative or the representatives of the Staff Committee of the Finanzprokuratur consult are;

4. that the Advisory Council to meet at least once has per calendar quarter of the project period and 5 that which or the Chairman an agenda to create and this has demonstrably to make at least five working days prior to the meeting to each Member together with the documents required for the consultation.

Tasks

§ 14. The Advisory Board shall in particular 1 on the budget and personnel controlling for the organizational unit pursuant to section 15a of the federal budget law advice to participate;

2. the reports referred to in section 15 to examine, each an opinion to do so to work out and this together with the report immediately the Federal Minister or the Federal Minister of finance and the respective opinion at the same time the head or the head of the organizational unit to transmit;

3. If necessary, to submit recommendations on the implementation of the project programme to elaborate and the Federal Minister or the Federal Minister of finance as well as the head or the head of the organizational unit within the project period;

4. on the draft of the report on the evaluation in accordance with § 17a para 8 of the federal budget law to give an opinion. This opinion is to close the report.

Reporting obligations of the organization unit

Section 15 (1) the Director or the head of the organizational unit has the Advisory Board 1 at least once in the calendar quarter of the project period, a final report on the successful implementation of Projektprogrammes is to present a report and 2nd no later than June 30 of the fiscal year following the end of the project period.

2. the reports referred to in paragraph 1 have in particular sufficiently detailed on the project programme, in particular on the objectives laid down therein, the catalogue, to enter the development of revenue and expenditure and posts. Deviations from the project program shall be reasoned.

(3) reports referred to in paragraph 1 Z 1 have to include also a preview of the future implementation of the project.

(4) the head or the head of the organizational unit has to submit additional reports the Advisory Committee if necessary on request, within a reasonable period of time.

4 section

Transitional and final provisions

§ Are section 16 (1) when a positive difference at the end of the project period 17 b of paragraph 2 to apply the Federal Budget Act and § 10.

(2) a negative difference is at the end of the project period to cover b para. 1 of the Federal Budget Act of the Minister or the Federal Minister of finance in accordance with section 17.

§ 17. With the entry into force of this regulation is the regulation of the Federal Minister and the Federal Minister of finance to determine the Finanzprokuratur as OU of the flexibility clause to the application arrives, Federal Law Gazette II No. 501/2008, override.

Fekter

Plant

Project program

in accordance with Article 17a, paragraph 9, Z 3 of the Federal Budget Act

1. strategic objectives of the Finanzprokuratur:-establishment of the Finanzprokuratur as competent, efficient and modern service providers for their legally defined client.



Consolidation and expansion of the Finanzprokuratur as counsel of their clients, who legally represents its clients in all areas as a central point of contact and advice;

-dynamic expansion and further specialization in individual jurisdictions (tailored to the needs of the clients) Despite fundamental coverage of all areas of the law;

-Strengthening the coordination function for the clients;

-Expansion of the Finanzprokuratur as unbureaucratic and central point of contact for citizens with claims against their clients (one stop shop);

-increased supervision of the Finanzprokuraturgesetz of 8.8.2008, Federal Law Gazette I no. 110/2008, clients (in particular of the countries and communities); redefined

-Achieve a higher cost recovery by cost-conscious task acquisition and fulfillment;

-Increase the efficiency in carrying out the tasks conferred by the legislator in the framework of expenditure expected to be required in the project period and recoverable revenue and - implementing a compliant with the Federal Government, efficient and meaningful cost and performance accounting. concrete design and measure these goals.

2. key tasks of the Finanzprokuratur - representation of legal entities as a party or otherwise involved before all courts and administrative authorities;

-Achieving an out-of-court agreement between two or more entities and mediation in disputes between organs of a legal entity (mediation);

-Reimbursement of expert determination;

-Advice on the law and regulation projects;

-Review of legislation and draft regulations;

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

-Provide general legal information;

-Intervention as an official party in the legally foreseen cases and - acceptance of to the Federal claim writing in civil law matters without a concrete job relationship and forwarding this letter to the competent authority.

The Finanzprokuratur following clients has to carry out these tasks:

1. obligatory has to represent the Republic of Austria (Federal) in all ordinary courts as far as due to special legal regulations the intervention in its own sphere is not permitted other organs, and - after the Federal Foundation and fund law to represent, as far as it is foundations and funds to the Constitution or the introduction of to dedicated assets for the purpose of constituting the Finanzprokuratur.

2. Optional the Finanzprokuratur - has to advise the Republic of Austria (Federal) legal matters;

-Countries and communities before the ordinary courts, the special courts of the private and public law, as well as the administrative authorities to present and advise in all legal matters, as well as - legal entity, where the Federal Government is mostly directly or indirectly involved;

-Legal entity, has to come up for their conduct disposal of federal or he mainly contributes to their financing;

-Legal entity administered by federal institutions or persons (body), that are ordered to do so by organs of the Federal Government or by legal entities, where the Federal Government is mostly directly or indirectly involved,

-Has to be done bodies and institutions of public law as well as - foundations and Fund of under public law, where no mandatory representation.

-The Finanzprokuratur has to intervene for the protection of public interests and to take all eligible applications and remedies if the urgency of the case requires your immediate intervention or any responsible authority considers himself.

-Also has them to intervene in cases provided for by law as an official party.

3. legal bases

The legal status of the Finanzprokuratur and the principles of its activity are in the Finanzprokuraturgesetz of the 8.8.2008, Federal Law Gazette I no. 110/2008, regulated.

4. General objectives of the Finanzprokuratur

4.1 subject-related objectives - effective and efficient enforcement of justified claims of their clients or unwarranted claims against these entities, taking into consideration the prospects of success and cost-effectiveness and appropriateness of litigation, - keep any searchable legal technical expertise to advise her clients in Act conform to legal matters in relation to the entire legal system and at the highest legal level, - successful recovery of claims their clients - the legal system as an Office party or in other cases of referral provided for by law , on in particular, taking into consideration the interests of right-seekers (such as provided by law request procedure), expansion of technical specialization in regard to the special needs of the clients, as well as - promotion of education and training.

4.2 management objectives - maintaining the previously given success rate in the field of legal representation, - improving the expertise in special areas of law by targeted personnel development (development of training and further training concept) to achieve superior expertise in the legal areas relevant to the Finanzprokuratur, - setting up a knowledge platform for the centralization and coordination of Fachknow how-to - improve communications to the departments and other clients, such as regular performance reports, implementation of a meaningful cost and activity accounting to improve the assessment and billing for legal services by the end of the project period , - Implementation of the new organizational of structure and continuous optimisation of business and assignment of staff, - compliance with the budgetary objectives set according to project program, - increase income revenue in accordance with implementing structural reform, occurring during the project period - greater flexibility and better accessibility of employees outside of core business hours.

-Setting up a public relations support the strategic objectives, such as newsletters, revision of the homepage as well as - definition and agreement of strategic and operational objectives with the individual business segments.

5. performance indicators - success rate for legal representation services as reported in the activity reports of the Finanzprokuratur, end about 65 vH of all processes of the Finanzprokuratur long-term average with positive for the clients, about 13% with one for the client negative result, the rest with a neutral or not assessable results (each with a fluctuation of 2 vH up and down).

This success rate is to be maintained.

-Legal value legal value added represents the objective value of the Finanzprokuratur practice on the basis of the approaches to the RechtsanwaltstarifG and the autonomous fee criteria and of the NotariatstarifG.

She amounted to EUR 10,115 million and 10,648 million euros round in 2009 in 2008.

The legal value in the amount of €10,115 million for 2008 consists of: 8,137 million euro legal value for the Federal, as well as EUR 1,978 million legal value for optional clients. It thus around 80,45% accounted for representation and consulting services for the Federal Government and around 19,55% representation and consulting services for other legal entities (optional client).

The legal value in the amount of €10,648 million for 2009 consists of: 8,843 million euro legal value for the Federal and 1.805 million euros legal value for optional clients. It thus about 83,05% accounted for representation and consulting services for the Federal Government and about 16.95% representation and consulting services for other legal entities (optional client).

The amount of € 8,651 million for the year 2007 consists of: € 7,024 million legal value for the Federal, as well as € 1,627 million legal value for optional clients. It thus 81.19 percent accounted for representation and consulting services for the Federal Government and around 18,81% representation and consulting services for other legal entities (optional client).

Since the representation and consulting services of the Finanzprokuratur in the federal budget are not specifically identified, balance effective fee revenue only from about one-fifth of the total scope of work be achieved. Therefore, the achievement of objectives is always in connection with the performance measure to assess legal value added.

Which largely carried out structural reform necessary legal bases were the for the implementation in the years 2009 and 2010 by the Finanzprokuraturgesetz of 8.8.2008, Federal Law Gazette I no. 110/2008, entered into force on January 1, 2009, created.


The implemented structural reforms should allow the Finanzprokuratur as a modern service provider their clients in the future more efficiently advise and represent to and to be able to approach their clients increasingly. The latter was only made possible by the lawyer service was targeting after thing matters. Also a more targeted training and specialization of staff was obtained through the comprehensive organizational change.

-Income revenue of the Finanzprokuratur

The income of the Finanzprokuratur amounted to €1.4 million in 2009. Of which approximately 49.5% accounted for compensation in accordance with § 49a BHG and around 50.5% to cost revenue thing mature parties.

Target is to reach the income revenue calculated under point 7 of the Projektprogrammes assuming an unchanged laws of representation.

6 presentation of the plan are expected to be required during the project period:

 



 



Establishment plan



Preview



2009



2010



2011



2012



Group of officials/use



A1



32



32



27



27



A2



3



3



3



3



A3



5



5



3



3



Total civil servants



40



40



33



33



VB/pay group



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 - begun in the previous regulation period in the years 2009 and 2010 in the direction v1 posts continued successfully. As a result of the evaluation discussions there extensive reinforcements in the v3 work area.

These staff measures allow in the Finanzprokuraturgesetz, Federal Law Gazette I no. 110 / 2008, provided for carrying out the tasks of the Finanzprokuratur, in particular through the structural reform enabled Active offer of legal services to optional clients, as well as taking into account the retirement transfers to be expected due to the high age structure in the Finanzprokuratur in the coming years and this necessary training new legal staff and employees, maintain a best of the lawyer service.

7 presentation of expenditure expected to be required during the project period and achievable revenue:

 



 



Basics



Impact



Success in 2009



BVA 2010



alexanderverlage. Success 2010



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



Sum



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



Sum



1.403.300



1.703.000



2.893.000



1.703.000



1.703.000



Budget balance



-4.922.300



-5.623.000



-3.626.000



-5.305.000



-5.508.000



Value of power of Attorney



10.648.000



8.072.000



9,500,000



8.393.750



8.492.500



Power balance



5.725.700



2.449.000



5.874.000



3.088.750



2.984.500



The comparison of costs and revenue represents the actual scope of activity of the Finanzprokuratur limited. Only cost revenue with legal representation and consultation of the Confederation (around four-fifths of the entire legal practice) thing mature parties, while fee income accrues only legal representation and consultation of optional clients. The legal representation and consultation of the Confederation is but budget, because as far as the acquisition of legal services is eliminated. For this reason, it is appropriate to the objective value of the legal representation and consulting services of the Finanzprokuratur for the Federal Government to provide the balance of revenue and expenditure.

Explanatory notes to paragraph 7.

UT 0 - HR

Personnel expenses is determined on the basis of the positions in point 6, where due to currently existing service and pay legal regulations predictable spending increases (structural and fictional salary increase) already have been factored.

UT 3 - plants

In determining the UT3 was taken into consideration the needs of the Finanzprokuratur.

UT 8 - expenses

The planning of operating expenditure from the year 2011 is based on the anticipated success 2010, as well as on the necessity of the implementation of the second part of the structural reform.

UT 4 - revenue

The revenue of the Finanzprokuratur resulting from - cost payments of thing mature parties and - remuneration of the Association of different clients for legal representation and advice on the basis of § 49a BHG in conjunction with the LA-V - remuneration of the Association for the legal representation and consultation on the basis of § 49 BHG in conjunction with the LA-V were included not as effective revenue such during the project period should apply would be the revenue forecast to correct accordingly.