Advanced Search

General arrangement on the transfer of responsibilities in the opposition proceedings and on the representation in cases of legal or military service in the Division of the Federal 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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

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

Unofficial table of contents

BMVgWidKlaZustAnO

Date of completion: 19.12.2013

Full quote:

" General arrangement on the transfer of responsibilities in the opposition proceedings and on the representation in cases of legal or military service in the Division of the Federal Ministry of Defense of 19 December 2013 (BGBl. 2014 I p. 11) "

Footnote

(+ + + Text evidence from: 1.1.2014 + + +) 

Unofficial table of contents

Input formula

In accordance with § 126 (3) sentence 2, § 127 (3) sentence 1 of the Federal Civil Service Act of 5 February 2009 (BGBl. 160) and § 82 (3) sentence 2 of the Soldatengesetz of 30 May 2005 (BGBl. 1482), the Federal Ministry of Defence is responsible for: Unofficial 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 service which has taken the measure or has refused. 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 appeal. (2) The responsibility for the decision on contradictions in The Federal Office for Personnel Management of the Bundeswehr (Bundesamt für das Personalmanagement der Bundeswehr) will be responsible for assessing the assessments 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 a military service. Unofficial table of contents

§ 2 Authorising authority

(1) The power to represent the Dienstherrn in the case of claims arising from the official and military service in the Division of the Federal Ministry of Defence shall be conferred on the authority for the adoption of the opposition and/or military service in the Division of the Federal Ministry of Defence. (2) In the case of actions by soldiers against measures taken by a troop part or a military service and in cases of complaints in status matters, the representative of the servant shall be transferred to the Federal Office for Personnel Management of the Federal Armed Forces, unless the responsibility for personnel management of the Federal Ministry of Defence has been given. Unofficial table of contents

§ 3 Exceptions

Contradictions and actions in disciplinary matters and in matters of remuneration, supply, military service and aid shall be excluded from this order. Unofficial table of contents

§ 4 conditional clause

The Federal Ministry of Defence may, in individual cases, delegate the responsibility for the decision on contradictions and the power of representation of another department or draw them back on its own. Unofficial table of contents

§ 5 Transitional Regulation

(1) This arrangement shall apply to inconsistencies brought before its entry into force, with the proviso that the Authority shall be responsible for the decision on the appeal which would be competent if the measure was adopted in accordance with the procedure referred to in (2) It applies to claims pending before its entry into force, with the proviso that the Authority shall be entrusted with the representation of the servant who is in favour of the adoption of the Opposition and/or It would be responsible for appeal after the entry into force of this order. Unofficial table of contents

§ 6 Entry into force, expiry of the external force

This arrangement shall enter into force on 1 January 2014. At the same time, the General Order of the Federal Ministry of Defence of the Federal Ministry of Defence of the Federal Ministry of Defence of the Federal Ministry of Defense of the Federal Ministry of Defence of the Federal Republic of Germany 16 January 2006 (BGBl. 273), as set out in the order of 29 March 2007 (BGBl. 534), except for force.