Law On The Reorganization Of The Federal Disciplinary Law

Original Language Title: Gesetz zur Neuordnung des Bundesdisziplinarrechts

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Read the untranslated law here: http://www.gesetze-im-internet.de/bdrnog/BJNR007259967.html

Law on the reorganization of the Federal disciplinary law BDRNOG Ausfertigung date: 20.07.1967 full quotation: "law on the reorganization of the Federal disciplinary law of July 20, 1967 (BGBl. I p. 725), most recently by article 15 paragraph 33 of the law of February 5, 2009 (BGBl. I p. 160) has been changed" stand: amended article 15 paragraph 33 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 6.2.1974 +++) type I type II type III on line before fonts section 1 with the entry into force of this Act are the judges of the Federal Disciplinary Chamber of the Federal Disciplinary Court and the judges of the Bundesdisziplinarhofs judge of the Supreme Administrative Court.

§ 2 the term of Office of officials assessor appointed under the previous rules ends with December 31st following the entry into force of this Act. Up to this point, the existing regulations apply to recourse to the official assessor to individual meetings. The same applies if during the term referred to in sentence 1, the order of new official assessor for the remainder of the term will be required.

§ 3 within ten years after entry into force of this Act is the decision of the Presidium of the Supreme Administrative Court a judge of disciplinary Senates change to other divisions, except military service divisions, and vice versa only effective if the majority of the members of the Bureau members of the two Senate groups has approved it.

§ 4 (1) the Judicial Council and the Presidential Council at the Bundesdisziplinarhof fall away with entry into force of this Act.
(2) the term of Office of the Judicial Council and the Presidential Council at the Federal Administrative Court ends with the entry into force of this Act. Judicial Council and the Presidential Council continue their businesses to the new election of the Judicial Council or reconstitution of the Presidential Council.
(3) should be appointed after the entry into force of this Act a judge at the Federal disciplinary court or a military service court or the Federal Administrative Court for an activity when the disciplinary senates or the military service divisions, the period referred to in article 57 par. 2 of the German Judges Act begins with the formation of the Executive Council at the Federal Administrative Court, not later than one month after the entry into force of this Act.

Pending cases in the location in which they are located, go over § 5 (1) with the entry into force of this Act on the courts at the Disciplinary Chamber of the Federal and at the Bundesdisziplinarhof.
(2) in proceedings in which started running a time limit for an appeal or a judicial remedy before the entry into force of this Act, is the time limit under the existing regulations.

§ 6 officials who have been convicted with the classification in a lower step or transfer to an Office of same career with lower final salary prior to entry into force of this Act, apply as resigned at the first of the month in which the judgment has become final, in the step, in which it downgraded been.

§ 7 (1) is punished with removal from the service an official before the entry into force of this Act and is a maintenance contribution on life has been granted in the judgment or a decision, the §§ 64 and 96 are to apply the Federal disciplinary code as amended after entry into force of this Act with the following stipulations: 1. the convicted person has completed the age of 65 or he is labour - or berufsunfähig , the maintenance contribution shall not be deprived him. At the request of the convicted person, the maintenance contribution by the Court is adequate to raise if it obviously lags behind the amount, the offender would receive a pension if he would be after been insured for the times in which he because of employment in the public service according to the regulations of the sixth book the social law in the statutory pension insurance was insurance-free or not subject to compulsory insurance. The maintenance contribution shall not exceed the pension, which would have had the offender at the time of the legal force of the judgment he serves. Was the maintenance contribution been deprived the Shawshank Redemption, he is under the foregoing provisions to grant his request. Applications that are submitted within a period of six months after the entry into force of this Act apply as in this time.
2. after the death of the convicted person, an application for approval of a maintenance fee by the bereaved can be placed. Number is 1 set of 2 to 5 apply mutatis mutandis. The rest apply the provisions of articles 53, 54, 61 and 62 of the officials supply law mutatis mutandis; the maintenance contribution applies insofar as a widow's or orphan's pension.
(2) to retired officials, who have been sentenced for the withdrawal of the pension and are uninsured for as well as their survivors paragraph is to apply 1 with the proviso that a maintenance contribution is also to grant if by judgment or order a maintenance contribution not was been granted the condemned.

§ 8 which is imposed disciplinary measure of the classification in a lower step or the refusal of ascending in the content, which affects pay legally no longer against a civil servant to expunge, which apply to the repayment of a pay cut according to the regulations of the Federal disciplinary code. The repayment does not cover the operations that are determining and proving the remuneration.
Type IV type V arrangements for Berlin article II, sections 5 and 12 is in the Federal State of Berlin have application. The same applies to (c) and no. 2 article II section 10 No. 1 as well as for article III § 3 and § 4 para 3, as far as relating these rules on military service Senate service troop dishes, a military service Senate, judge of the service courts, professional soldiers or soldiers on time.
Type VI Berlin clause this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.
Type VII entry into force this law enters into force on October 1, 1967. Article II § 13 shall with effect from March 1, 1957 in force; Services are to provide at the earliest by July 1, 1965.