Anordnung über die Vertretung der Bundesrepublik Deutschland im Geschäftsbereich des Bundesministeriums der Justiz

Original Language Title: Arrangement on the representation of the Federal Republic of Germany in the Federal Ministry of Justice

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Order by the Representation of the Federal Republic of Germany in the Business Unit of the Federal Ministry of Justice (BMJVertrAnO)

Non-official Table of Contents

BMJVertrAnO

Date of expiry: 01.02.2013

Full quote:

" BMJ representation order of 1. February 2013 (BGBl. I p. 167) "

footnote

(+ + + text evidence from: 14.2.2013 + + +)

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§ 1 Scope

Arrangement applies to the representation of the Federal Republic of Germany in the division of the Federal Ministry of Justice in all legal acts, in particular in the case of legal transactions, in proceedings before courts and arbitral tribunals and in proceedings before the courts. Administrative procedures. Non-official table of contents

§ 2 Power of representation

(1) The Federal Republic of Germany is represented by the Federal Minister of the Federal Republic of Germany or the Federal Minister of State of the Justice.(2) Within the Federal Ministry of Justice, the representation of the Federal Minister or of the Federal Minister according to the provisions of the Common Rules of Procedure of the Federal Ministries and the business distribution plan is addressed.(3) The heads of the courts and authorities belonging to the Division of the Federal Ministry of Justice shall be assigned the power of representation in the following cases:
1.
for legal transactions, to the extent that the courts and authorities in accordance with the federal budget order, in conjunction with the administrative provisions adopted for this purpose, adopt and payment orders ;
2.
for claims arising from the civil service relationship, in so far as the cases concern officers of grades A 2 to A 13g;
3.
in enforcement proceedings concerning the Federal Republic of Germany as a third party debtor, in particular in accordance with § § 828 to 863 of the Code of Civil Procedure or § § 309 to 321 of the Tax Code, to the extent that the court or authority must order the payment of the payment or the effect of the benefit otherwise due;
4.
in other judicial, arbitration and administrative proceedings concerning the courts and the authorities themselves; the power of representation in judicial and arbitration proceedings of the courts shall be the responsibility of the General Federal Prosecutor or the General Federal Prosecutor transferred to the Federal Court of Justice.
(4) The representation is reserved for the Federal Minister or the Federal Minister of Justice if
1.
the person authorized to represent the representative under paragraph 3 is personally involved,
2.
the procedure at Federal Constitutional Court is pending or
3.
the proceedings of legal transactions, decisions, including decisions on appeals, or other measures relating to the The Federal Ministry of Justice shall be subject to the subject-matter of the Federal Ministry of Justice.
(5) The Federal Minister of Justice or the Federal Minister of Justice may, on a case-by-case basis, be entitled to: By way of derogation from this arrangement, regulate or take over the representation itself. Non-official table of contents

§ 3 Name of the representative relationship

(1) If the Federal Republic of Germany is represented by the Federal Minister or the Federal Republic of Germany, the Federal Republic of Germany Federal Minister of Justice is the term for the representative relationship: "Federal Republic of Germany, represented by the Federal Minister of Justice" or "Federal Republic of Germany, represented by the Federal Minister of Justice". (2) The term " Federal Republic of Germany, represented by the Federal Minister of Justice, represented by ... [indication of the authorized representatives] shall be the representation of the head of a court or other authority by the head of a court or other authority. Person] "or" Federal Republic of Germany, represented by the Federal Minister of Justice, this represented by ... [indication of the authorized person] ". unofficial table of contents

§ 4 deliveries

(1) If delivered to a person not authorized to represent the Federal Republic of Germany, it shall immediately inform the sender of the or the sender.(2) If the person empowered to represent it is manifestly and unquestionably detectable, the document to be delivered may be forwarded to it; the sender or the sender shall be informed of this. Non-official table of contents

§ 5 Reporting obligations

(1) As far as the power of representation is transferred in accordance with § 2 paragraph 3, the courts and authorities to report to the Federal Ministry of Justice about legal transactions and proceedings of particular economic or political significance or of fundamental importance.(2) It is to be reported as early as possible and in such a timely manner that the Federal Ministry of Justice can still have an influence on essential decisions, in particular on the question of the filing of an appeal. In the event of a substantial change in the situation and in the event of a final conclusion of the procedure, it should be reported again.(3) The reports shall contain a reasoned proposal for further action. Deadlines and deadlines must be highlighted. Non-official table of contents

§ 6 Entry into force, override

This arrangement enters into force on the day following the publication in the Federal Law Gazans. At the same time, there is no force:
1.
The order on the representation of the federal government in the business unit of the Federal Minister of Justice and on the procedure in the case of the Federal Minister of Justice Representation of 25. April 1958 (BAnz. No. 82 of 30. April 1958), the last of which was the order of 4. February 1971 (BAnz. No 29 of 12 February 1971), and
2.
the order on the representation of the federal government in the Division of the Federal Ministry of Justice in the case of claims from the Official ratio of 6. January 2009 (BGBl. I p. 34).
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final formula

The Federal Minister for Justice