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Arrangement on the representation of the Federal Republic of Germany in the Federal Ministry of Justice

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

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Arrangement on the representation of the Federal Republic of Germany in the division of the Federal Ministry of Justice (BMJ representation arrangement-BMJVertrAnO)

Unofficial table of contents

BMJVertrAnO

Date of completion: 01.02.2013

Full quote:

" BMJ representation order from 1 February 2013 (BGBl. 167) "

Footnote

(+ + + Text proof: 14.2.2013 + + +) 

Unofficial table of contents

§ 1 Scope

This 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 the courts and arbitral tribunals and in proceedings before the courts. Administrative procedures. Unofficial table of contents

§ 2 Authorising authority

(1) The Federal Republic of Germany shall be represented by the Federal Minister of Justice or the Federal Minister of Justice. (2) Within the Federal Ministry of Justice, the representation of the Federal Minister or of the Federal Minister shall be governed by the following: Provisions of the Common Rules of Procedure of the Federal Ministries and of the Business Distribution Plan. (3) The heads of the courts and authorities, which are part of the division of the Federal Ministry of Justice, will be the Delegated authority in the following cases:
1.
in the case of legal transactions, in so far as the courts and authorities may, in accordance with the provisions of the Federal Budget, grant acceptance and payment orders in connection with the administrative provisions laid down for this purpose;
2.
in the case of claims arising from the civil service, in so far as the cases concern officials 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 German Tax Code, to the extent that the court or the authority has made the payment of the to order 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 of the Federal Prosecutor of the Federal Court of Justice.
(4) The representation is reserved to the Federal Minister of Justice or the Federal Minister of Justice if:
1.
is personally involved in the person empowered to represent the person referred to in paragraph 3;
2.
the proceedings are pending before the Federal Constitutional Court, or
3.
the proceedings are subject to legal transactions, decisions, including decisions relating to appeals, or other measures taken or carried out in the Federal Ministry of Justice; the power of representation as referred to in paragraph 3 Number 2 shall remain unaffected.
(5) The Federal Minister of Justice or the Federal Minister of Justice may, in individual cases, regulate or take over the representation of the representation by way of derogation from this order. Unofficial table of contents

§ 3 Designation of the representative relationship

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

§ 4 deliveries

(1) If a person not authorized to represent the Federal Republic of Germany is served, he shall immediately inform the sender or the sender. (2) If the person authorized to represent the Federal Republic of Germany is manifestly and unquestionably detectable, the person authorized to represent the Federal Republic of Germany shall be able to the document is forwarded to it, and the sender or the sender must be informed of this. Unofficial table of contents

§ 5 Reporting obligations

(1) In so far as the power of representation is transferred in accordance with Article 2 (3), the courts and authorities shall have the Federal Ministry of Justice on legal transactions and proceedings of special economic or political scope or of otherwise (2) It should be reported as early as possible and in sufficient time that the Federal Ministry of Justice can still influence important decisions, in particular on the question of the consideration of a Right of appeal. A substantial change in the situation and the final conclusion of the procedure should be reported again. (3) The reports should contain a reasoned proposal for further action. Deadlines and deadlines must be highlighted. Unofficial table of contents

§ 6 Entry into force, expiry of the external force

This arrangement shall enter into force on the day following the publication in the Federal Law Gazans. At the same time, there is no
1.
the Order of the Federal Government in the Division of the Federal Minister of Justice and on the procedure at the Representation of 25 April 1958 (BAnz. 82 of 30 April 1958), as last amended by the order of 4 February 1971 (BAnz. No 29 of 12 February 1971), and
2.
the Order of the Federal Government in the Division of the Federal Ministry of Justice in the case of claims from the civil service of 6 January 2009 (BGBl. 34).
Unofficial table of contents

Final formula

The Federal Minister for Justice