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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Regulation on the sideline of the judges in the Federal Government BRiNV Ausfertigung date: 15.10.1965 full quotation: "regulation on the sideline of the judges in the Federal service by October 15, 1965 (BGBl. I p. 1719), most recently by article 209 paragraph 3 of the law of April 19, 2006 (BGBl. I p. 866) has been changed" stand: last amended by article 209 para 3 G v. 19.4.2006 I 866 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1974 +++) input formula on the basis of § 46 of the German Judges Act of September 8, 1961 (Bundesgesetzbl. I p. 1665) in conjunction with section 69 of the federal civil servants Act amended the notice by October 1, 1961 (Bundesgesetzbl. I S. 1801) the Federal Government enacted: section 1 principle of the judge an ancillary activity only exercised, if confidence in its impartiality, independence and impartiality is not endangered.

§ 2 attraction to a secondary activity (1) the judge may be used only to 1 a judicial ancillary activity, 2. a sideline in the Court Administration and, 3. insofar as section 4 of the German Judges Act does not preclude a second jobs in other judicial.
(2) prior to the use of the judge to be heard.

§ 3 second jobs in the public service (1) In the public service the judge may only carry out a judicial or an ancillary activity for compatible according to § 4 of the German Judges Act with judicial office. The same applies to an activity which is equivalent to the second jobs in the public service.
(2) what activities as a public service to be or are equal to him, are governed by the rules applying to federal officials.

§ 4 general approval from sidelines (1) the approval for one or more engage fee outside of the public service is generally considered granted if the sidelines have a total small scale and there is no legal reason of refusal. The scope of one or more sidelines is regarded as low, if the remuneration for this purpose does not exceed a total of 100 euros a month. The sideline is the responsible according to § 7 paragraph 1 for the approval of a secondary view, except that it is a one-time, occasional sideline.
(2) a current avocation is authorized to prohibit, if circumstances arise or according to § 5 are known, the refusal of a permit would justify.

§ 5 is refusal of approval that is approval for an ancillary activity to fail if the judge may not perceive it after paragraph 4, 39, 40 or 41 of the German Judges Act or other statutory reason of denial of. This is especially true if is to get, that the ancillary activity 1 threatens confidence in the independence, impartiality or impartiality of the judge or otherwise with the reputation of the judiciary or with the benefit of the general public is incompatible, 2. so much takes the labor power of the judge, that affect the proper performance of judicial duties, or 3. affect the administration of Justice in a different way.

§ Apply 6 deputy judges (1) for judges who are seconded to an administrative authority or to the perception of a non judicial activity to a court, the rules on the sideline of the officials for the duration of the delegation. However, work as referee, Schiedsgutachter or mediators, the §§ 40 and 41 of the German law on judges approved reimbursement of legal advice or provide legal information only in accordance must the judge during the secondment.
(2) ancillary activities, to which the judge is used during the secondment, may no longer be exercised after termination of the secondment, if they are incompatible according to § 4 of the German Judges Act with judicial office. Permits for the exercise of such ancillary activities are to withdraw, is to prohibit the exercise of activities deemed to be approved.

§ 7 the Supreme Administrative authority decides the application for approval of a sideline about the revocation of the permit and the prohibition of a deemed approved secondary procedure (1). It can transmit in general or for particular cases its powers except in the cases of § 41 para 2 of the German law on judges on a court in their business.
(2) is the approval revoked or prohibiting the exercise of ancillary activity, so a time limit reasonable under the circumstances for the secondary processing should be given the judge, as far as the official interests permit this.

§ Apply 8 fees (1) the rules applicable to federal officials about the compensation for an ancillary activity and about the billing and delivery of compensation as well as on the authorisation for the use of facilities, personnel or material of the employer when exercising a secondary activity and payment of a fee.
(2) for a judicial ancillary to a Federal Court, a compensation only on the basis of an act may be granted.

§ 9 judges of the Federal Constitutional Court this regulation does not apply to the judges of the Constitutional Court.

§ 10 (dropped out) section 11 this regulation into force shall on the first day of the calendar month following the announcement.