Regulation On The Sideline Of The Judges In The Federal Service

Original Language Title: Verordnung über die Nebentätigkeit der Richter im Bundesdienst

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Ordinance on the secondary activity of judges in the Federal Service

Non-official table of contents

BRiNV

Date of issue: 15.10.1965

Full quote:

" Regulation on the secondary activity of the 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 p. 866

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

For details, see the Notes

Footnote

(+ + + text evidence application: 1.1.1974 + + +)


for details. Non-official table of contents

Inbox formula

Based on § 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: Non-official table of contents

§ 1 Principle

The judge may only exercise a secondary activity if that is the case. Trust in its independence, impartiality, or impartiality will not be endangered. Non-official table of contents

§ 2 Adolescents up to a secondary activity

(1) The judge may only be used to
1.
a judicial side-activity,
2.
a secondary activity in the court administration and,
3.
as far as § 4 of the German Judge Act is not , a secondary activity in the rest of the administration of justice.
(2) The judge shall be heard before the use of the child. Non-official table of contents

§ 3 Secondary activity in the public service

(1) In the public service, the judge may only be a judicial or a judge § 4 of the German Judge Act with the judge's office can be used in a unified way. The same applies to an activity which is equivalent to secondary activity in the civil 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. Non-official table of contents

§ 4 General approval of secondary activities

(1) The approval for one or more side-work activities against Remuneration outside the public service is generally considered to be granted if the secondary activities are of a small overall size and there is no legal reason for failure to act. 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 shall be notified 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 have been approved shall be subject to failure to enter into or become aware of circumstances which, in accordance with Section 5, would justify the failure to approve a permit. Non-official table of contents

§ 5 Approval of the approval

The approval for a secondary activity is to fail if the judge makes it according to § § 4, 39, 40 or 41 of the German Judge Act may not be allowed to perform or any other legal reason for failure to act. This shall apply in particular if it is to be obtained that the secondary activity
1.
trust 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 so strongly assumes that the proper performance of his judicial duties will be influenced, or
3.
The administration of justice in a different way.
Table of Contents

§ 6 Judges

(1) For judges who have been secondarily assigned to an administrative authority or to a court of law, the rules on the duration of the secondarily Side-by-side activity of officials. 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) is approved.(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 Judiciary 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) On the request for approval of a secondary activity, on the revocation of the approval and on the The supreme service authority shall decide to sign a subsidiary activity which is deemed to be approved. It may delegate its powers in general or in individual cases to the President of a court in its business area, except in the cases of Section 41 (2) of the German Judges Act.(2) If the authorisation is revoked or the exercise of the secondary activity is prohibited, 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 permit. Non-official table of contents

§ 8 Remuneration

(1) The rules applicable to federal officials on the remuneration for a secondary activity and on the remuneration of the Federal Office Settlement and delivery of the remuneration as well as the permit requirement for the use of facilities, personnel or material of the Dienstherrn in the exercise of a secondary activity and the payment of a fee shall be commenced accordingly. ,(2) In the case of a judicial co-operation with a federal court, remuneration may only be granted on the basis of a law. Non-official table of contents

§ 9 Judge of the Federal Constitutional Court

This regulation does not apply to the judges of the Federal Constitutional Court. unofficial table of contents

§ 10

(omitted) unofficial Table of Contents

§ 11 Entry into force

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