Ordinance on the secondary activity of judges in the Federal Service

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BRiNV

Date of completion: 15.10.1965

Full quote:

" Regulation on the secondary activity of judges in the Federal Service of 15. October 1965 (BGBl. 1719), as last amended by Article 209 (3) of the Law of 19 April 2006 (BGBl I). I p. 866).

Status:

Last amended by Art. 209 (3) G v. 19.4.2006 I 866

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1974 + + +) 

  

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Input formula

On the basis of § 46 of the German Law on Judges of 8 September 1961 (Bundesgesetzbl. 1665) in conjunction with Section 69 of the Federal Civil Service Act (Bundesbeamtengesetz) in the version of the Notice of 1. October 1961 (Bundesgesetzbl. I p. 1801), the Federal Government decrees: Unofficial table of contents

§ 1 Principle

The judge may only exercise a secondary activity if it does not jeopardise the confidence in his independence, impartiality or impartiality. Unofficial table of contents

§ 2 Pre-accession to a secondary activity

(1) The judge may only be used to:

1.

a judicial secondary activity,

2.

of a secondary activity in the court administration and,

3.

in so far as § 4 of the German Judges Act does not preclude, a secondary activity in the rest of the administration of justice.

(2) The judge shall be consulted prior to the use of the instrument. Unofficial table of contents

§ 3 Secondary activity in the civil service

(1) In the public service, the judge may only perform a judicial or a secondary activity that is compatible with the judge's office in accordance with Section 4 of the German Judge Act. The same applies to an activity which is equivalent to the secondary activity in the public service. (2) What activities should be regarded as a public service or equivalent to it shall be determined in accordance with the rules applicable to federal civil servants. Unofficial table of contents

§ 4 General approval of secondary employment

(1) The authorisation for one or more additional activities against remuneration outside the public service shall be deemed to have been granted in general if the incitation of secondary employment is of a small total and there is no legal reason for failure. The amount of one or more additional activities shall be considered to be low if the remuneration does not exceed a total of 100 euros per month. The secondary employment is to be reported to the body responsible for the approval of a secondary activity in accordance with Article 7 (1), unless it is a one-off, occasional secondary employment. (2) A secondary employment which is deemed to be approved is to be forgiven if circumstances arise or become known which, according to § 5, would justify the failure of a permit. Unofficial table of contents

§ 5 Approval of the authorisation

The permission for a secondary activity shall be refused if the judge is not allowed to exercise it in accordance with § § 4, 39, 40 or 41 of the German Judicial Act or if there is another legal reason for failure to act. This shall apply in particular if it is to be found that the secondary activity

1.

the confidence in the independence, impartiality or impartiality of the judge is at risk or is otherwise incompatible with the prestige of the judge or with the good of the general public,

2.

the work force of the Judge is so heavily used as to influence the proper performance of his judicial duties; or

3.

the administration of justice in a different way.

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§ 6 Members of Parliament

(1) For judges secondarily assigned to an administrative authority or for the purpose of exercising a non-judicial activity to a court, the provisions relating to the subsidiary activity of officials shall apply for the duration of the secondment. However, during the secondhand, the judge may act as an arbitrator, an arbitrator or a conciliator, the reimbursement of legal opinions or the granting of legal information only in accordance with § § 40 and 41 of the German Judges Act (German Judges Act) (2) Secondary activities to which the judge has been used during the secondhand may no longer be exercised after the termination of the order if they are incompatible with the judge's office in accordance with Section 4 of the German Judge Act. Authorisations for the exercise of such secondary activities shall be subject to the revocation of the exercise of the ancillary activities which are deemed to have been approved. Unofficial table of contents

§ 7 Procedure

(1) The supreme service authority shall decide on the application for the approval of a secondary activity, on the revocation of the authorisation and on the submission of a subsidiary activity which is deemed to be approved. It may delegate its powers in general or for the individual case to the President of a court in its division, except in cases under Section 41 (2) of the German Judge Act. (2) If the authorisation is revoked or the exercise of the In the case of secondary activity, the judge shall be given a time-limit appropriate to the circumstances for the settlement of the secondary activity, in so far as the interests of the service allow it. Unofficial table of contents

§ 8 Compensation

(1) The rules applicable to federal officials concerning the remuneration for a secondary activity and on the settlement and delivery of the remuneration, as well as the permit requirement for the use of facilities, personnel or material of the Dientherrn in the exercise of a secondary activity and the payment of a fee shall apply accordingly. (2) For a judicial secondary activity at a court of the federal government, a remuneration may only be granted on the basis of a law. Unofficial table of contents

§ 9 Judges of the Federal Constitutional Court

This Regulation shall not apply to the judges of the Federal Constitutional Court. Unofficial table of contents

§ 10

(dropped) Unofficial table of contents

Section 11 Entry into force

This Regulation shall enter into force on the first day of the calendar month following the announcement.