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

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General arrangement on the transfer of responsibilities in the opposition proceedings and on the representation of actions of civil servants or military service in the Division of the Federal Ministry of Defence (BMVgWidKlaZustAnO)

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BMVgWidKlaZustAnO

date of delivery: 19.12.2013

full quote:

" General arrangement on the transfer of responsibilities in the appeal process and on representation at Actions taken from the official or military service in the division of the Federal Ministry of Defence of 19. December 2013 (BGBl. 2014 I p. 11) "

footnote

(+ + + text evidence from: 1.1.2014 + + +)

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input formula

According to § Article 126 (3) sentence 2, § 127 (3) sentence 1 of the Federal Civil Service Act of 5. February 2009 (BGBl. 160) and § 82 (3), second sentence, of the Soldatengesetz (Soldatengesetz) of 30. May 2005 (BGBl. 1482), the Federal Ministry of Defence is responsible for: Non-official table of contents

§ 1 Decision on contradictions

(1) The responsibility for the decision on appeals from the civil service relationship shall be transferred to the next higher authority of the department which has taken the measure or has refused it. If the next higher authority is the Federal Ministry of Defence, the authority that has taken or rejected the measure shall also issue the notice of opposition.(2) The Federal Office for Personnel Management of the Bundeswehr shall be assigned the responsibility for the decision on appeals in the assessment matters of the civil servants in their own personnel management area. The same applies to the decision on appeals against civil servants ' actions of a troop part or of a military service. Non-official table of contents

§ 2 Power of representation

(1) The power to represent the servant in the case of actions taken by the official and Military service in the division of the Federal Ministry of Defence will be based on those for the adoption of the objection or The competent authority responsible for the application of the complaint.(2) In the case of actions by soldiers against measures of a troop part or a military service point and in case of legal actions in status matters, the representative of the Dienstherrn will be the Federal Office for Human Resources Management of the Bundeswehr , unless the responsibility for personnel management of the Federal Ministry of Defence is given. Unofficial Table Of Contents

§ 3 Exceptions

Appeals and actions in Disciplinary Matters and Issues of Remuneration, Supply, of the Wehrsolds and of the aid shall be excluded from this arrangement. Non-official table of contents

§ 4 retention clause

The Federal Ministry of Defence can, in individual cases, be responsible for the decision transfer or re-use the power of representation of another service body. Non-official table of contents

§ 5 Transitional rules

(1) This order shall apply to inconsistencies brought before its entry into force, with the The authority responsible for deciding on the opposition which would be competent if the measure had been taken or rejected after the date of entry into force of this order, is subject to the authority.(2) It shall apply to claims pending before its entry into force, with the proviso that the Authority shall be entrusted with the representative body of the servant who is responsible for the adoption of the opposition or opposition. Complaint notification after the entry into force of this Arrangement would be responsible. Non-official table of contents

§ 6 Entry into force, override

This arrangement occurs on the 1. January 2014 will be in force. At the same time, the General Order on the transfer of responsibilities in the opposition proceedings and on the representation in cases of civil servants or military service in the Division of the Federal Ministry of Defence of the 16. January 2006 (BGBl. I p. 273), by the order of 29. March 2007 (BGBl. 534), except for force.