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Law on the New Order of the Federal disciplinary law

Original Language Title: Gesetz zur Neuordnung des Bundesdisziplinarrechts

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Law on the New Order of the Federal disciplinary law

Unofficial table of contents

BDRNOG

Date of completion: 20.07.1967

Full quote:

" Law on the Reorder of the Federal Disciplinary Law of July 20, 1967 (BGBl. 725), as last amended by Article 15 (33) of the Law of 5 February 2009 (BGBl I). 160) has been amended "

Status: Last amended Art. 15 para. 33 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 6.2.1974 + + +)

Type I

Type II

Species III
Transfer rules

Unofficial table of contents

§ 1

With the entry into force of this law, the judges of the federal disciplinary chambers will be judges of the Federal disciplinary court and the judges of the Federal Court of Discipline shall be judges of the Federal Administrative Court. Unofficial table of contents

§ 2

The term of office of civil servants appointed under the previous rules shall end with the 31 December following the entry into force of this Act. Until that date, the previous rules shall apply to the use of the officials ' sitters at each meeting. The same shall apply if, during the term of office referred to in the first sentence, the appointment of a new civil servant is required for the remainder of the term of office. Unofficial table of contents

§ 3

Within ten years of the entry into force of this law, the decision of the Presidium of the Federal Administrative Court on the exchange of a judge from disciplinary arsenals to other senates, excluding military service senates, and vice versa effective if the majority of the members of the two Senate groups, which are members of the Bureau, have agreed to it. Unofficial table of contents

§ 4

(1) The Judge Council and the Presidential Council of the Federal disciplinary Court shall continue with the entry into force of this Act. (2) The term of office of the Judges ' Council and the Presidential Council of the Federal Administrative Court shall end with the entry into force of this Act. The Judicial Council and the Presidential Council carry on their business until the re-election of the Judges ' Council or the new formation of the Presidential Council. (3) After the entry into force of this law, a judge shall be appointed to the Federal disciplinary court or to a troop service court or in the case of the Federal Administrative Court (Bundesverwaltungsgericht) for an activity in the case of the disciplinary arsenal or the military service senates, the period in accordance with Section 57 (2) of the German Judges Act shall begin only with the new formation of the Presidential Council in the case of the Federal Administrative Court. Federal Administrative Court, no later than one month after the entry into force of this Act. Unofficial table of contents

§ 5

(1) With the entry into force of this Act, proceedings pending before the Federal Disciplinary Chambers and the Bundesdisciplinary Court shall be made available to the competent courts in the situation in which they are located. (2) In proceedings in which the course of a period for an appeal or an appeal has commenced before the entry into force of this law, the time limit shall be determined by the provisions of the previous legislation. Unofficial table of contents

§ 6

Officials who, prior to the entry into force of this Act, have been punished with a lower level of seniority or with a lower final basic salary by being placed in an office of the same career, shall be deemed to be the first of the month in which the judgment has become final, resigned into the seniority level to which they have been downgraded. Unofficial table of contents

§ 7

(1) If an official has been punished with removal from the service before the entry into force of this law and has been granted a life-time maintenance contribution in the judgment or in a decision, the § § 64 and 96 of the Federal disciplinary code in the version in force following the entry into force of this Act, subject to the following measures:
1.
Has the convicted the 65. He or she may not be deprived of his or her contribution to the maintenance of his/her life year or may be employed or incapacitated in the working or working conditions. At the request of the convicted person, the maintenance fee shall be increased appropriately by the court if it appears to be lags behind the amount the convicted person would receive as a pension if he had been reinsured for the periods in question, in which he or she was free of insurance under the statutory pension insurance scheme in accordance with the provisions of the Sixth Book of the Book of Social Insurance (Social Insurance Code) or which he did not have to pay for because of employment in the public service. The maintenance contribution shall not exceed the retirement pension which the convicted person would have served at the time of the judgment of the judgment. If the maintenance fee had been withdrawn from the convicted person, he shall be re-approved in his application in accordance with the above provisions. Applications submitted within a period of six months after the entry into force of this Act shall be deemed to have been lodged at that date.
2.
After the death of the convicted person, an application for a maintenance fee may be submitted by the surviving dependants. The second sentence of paragraph 1 to 5 shall apply accordingly. In addition, the provisions of § § 53, 54, 61 and 62 of the Civil Service Act apply accordingly; the maintenance fee shall be deemed to be widows or orphans ' money.
(2) On retirement officials who have been convicted for the withdrawal of the retirement pension and are not reinsured, and to their survivors, paragraph 1 shall be subject to the proviso that a maintenance contribution shall also be granted if: Convicted by judgment or decision a maintenance contribution had not been granted. Unofficial table of contents

§ 8

The disciplinary measure imposed on an official of the classification into a lower step of service or the failure to increase the salary, which no longer has legal effects, shall be laid down in accordance with the rules laid down in the To eradicate a federal disciplinary order that applies to the redemption of a salary cut. The repayment shall not cover the operations which are used to determine and demonstrate the remuneration.

Type IV

Type V
Special arrangements for Berlin

Article II (5) and (12) shall not apply in the Land of Berlin. The same applies to Article II (10) (1) (c) and (2), and to Article III (3) and Section 4 (3), insofar as these provisions are applicable to military service senates, military service courts, judges of a military service senate, judges of the troop service courts, Refer to professional soldiers or soldiers for a period of time.

Species VI
Berlin clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act.

Species VII
entry into force

This law will take place on 1 January. October 1967, in force. Article II (13) shall enter into force with effect from 1 March 1957; however, benefits shall be granted at the earliest on 1 July 1965.