General Arrangement Of The Transfer Of Powers In The Opposition Proceedings And Of Representation At Lawsuits From The Civil Service Or Military Service Relationship In The Division Of The Ministry Of Defence
Original Language Title: Allgemeine Anordnung über die Übertragung von Zuständigkeiten im Widerspruchsverfahren und über die Vertretung bei Klagen aus dem Beamten- oder Wehrdienstverhältnis im Geschäftsbereich des Bundesministeriums der Verteidigung
Read the untranslated law here: http://www.gesetze-im-internet.de/bmvgwidklazustano/BJNR001100014.html
General arrangement of the transfer of powers in the opposition proceedings and of representation at lawsuits from the civil service or military service relationship in the Division of the Ministry of defence (BMVgWidKlaZustAnO) BMVgWidKlaZustAnO Ausfertigung date: 19.12.2013 full quotation: "general arrangement over the transfer of powers in the opposition proceedings and of representation at lawsuits from the civil service or military service relationship in the Division of the Ministry of defence from 19 December 2013 (BGBl. 2014 I p. 11)" footnote (+++ text detection off) : Effect +++) input formula in accordance with section 126 paragraph 3, sentence 2, § 127 paragraph 3 sentence 1 of the federal civil servants act of February 5, 2009 (BGBl. I p. 160) and section 82 paragraph 3 sentence 2 of the soldier Act of May 30, 2005 (BGBl. I S. 1482) arranges the Federal Ministry of defence: article 1 decision over contradictions (1) is the jurisdiction for the decision about contradictions of the civil service on the next higher authority of the Office , which has taken the measure or rejected, transferred. The next higher authority is the Ministry of Defense, the authority which has taken the measure or rejected, shall be adopted by the opposition's decision.
(2) the decision on inconsistencies in judging matters of civil servants and officials in their staffing Division is responsibility for the Federal Office of personnel management of the Bundeswehr. The same applies to the decision on appeals against Italy measures of a part of force or a military Department.
§ 2 of representation (1) is transferred to that for the adoption of the opposition or appeal notice issued by competent authority the authority to represent the employer in lawsuits from the civil service and military service in the Division of the Ministry of defence.
(2) in the case of complaints from servicemen and women against a part of the force or a military Department and in actions brought in State Affairs, the representative of the employer is transferred the Federal Office of personnel management of the Bundeswehr provided that jurisdiction to the personnel management of the Ministry of defence.
§ 3 exceptions contradictions and lawsuits in disciplinary matters and in matters of remuneration, supply, of military pay and the aid are excluded from this arrangement.
§ 4 retention of title clause the Ministry of defence can in individual cases which transferred responsibility for the decision on contradictions and the authority of any other Department or pull them back in.
Article 5 transitional provisions (1) this ordering applies to oppositions raised before its entry into force, subject to the proviso that the responsibility for the decision on the opposition is transferred the authority, which would be responsible if the measure would be taken after the entry into force of this arrangement or have been rejected.
(2) applies to actions, which have become pending before its entry into force, subject to the proviso that the representative of the employer is transferred the authority which would be responsible for the adoption of the opposition or appeal notice after entry into force of this arrangement.
Article 6 entry into force, expiry of this arrangement enters into force on January 1, 2014. At the same time the general arrangement of the transfer of powers in the opposition proceedings and of representation at lawsuits from the civil service or military service relationship in the Division of the Ministry of Defense by January 16, 2006 (BGBl. I S. 273), which due to the arrangement of March 29, 2007 (BGBl. I p. 534) is been changed other than force.
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