Read the untranslated law here: http://www.gesetze-im-internet.de/drig/BJNR016650961.html
German judiciary Act DRiG Ausfertigung date: 08.09.1961 full quotation: "German judiciary act as amended by the notice of April 19, 1972 (BGBl. I p. 713), most recently by article 17 of the law of 6 December 2011 (BGBl. I S. 2515) is changed" stand: Neugefasst by BEK. v. 19 4.1972 I 713, last amended by article 17 G v. 6.12.2011 I 2515 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 16.9.1981 +++) (+++ requirements due to EinigVtr cf. DRiG annex EV;)
sometimes no longer apply +++) table of contents part one: judgeship in federal and State of first section: introductory provisions of §§ 1 to 4 second section: qualification of judgeship sections 5 to 7 third section: judge ratio §§ 8 to 24 fourth section: independence of judges sections 25 to 37 fifth section: special duties of the judge sections 38 to 43 sixth section: volunteer judges §§ 44 and 45a second part: judges in the Federal service the first section : General provisions of §§ 46 to 48 second section: judge representations sections 49 to 60 third section: service Court of the Confederation of sections 61 to 68 fourth section: judge of the Constitutional Court, sections 69 and 70 third part: judges in the land service of articles 71 to 84 quarter part: transitional and final provisions of first section: amendment of federal law paragraphs 85 to 104 second section: transferring legal relations sections 105 to 118 third section: final provisions articles 119 to 126 of first part judgeship in federal and State of first section introductory provisions article 1 professional judges and honorary judge of the judicial Violence is exercised by professional judges and volunteer judges.
§ 2 validity for professional judges apply the provisions of this Act, as far as this Act does not otherwise determined for the professional judges only.
§ 3 Service Mr judges stand in the service of the Federation or a land.
§ 4 contradictory tasks of (1) a judge may not at the same time perceive the judiciary and tasks the legislative or executive power.
(2) unless a judge but must perform tasks of the judiciary 1 tasks of court administration, 2. other tasks, on the basis of a law courts or judges assigned to are, 3. tasks of research and teaching at a scientific University, public educational institution or official teaching institution, 4. examination Affairs, 5th Chair in agreement and appropriate independent bodies within the meaning of section 104 sentence 2 of the Federal staff representation Act.
Second section qualification of judgeship § 5 is the qualification of judgeship acquired qualification of judgeship (1), who completes a postgraduate law degree at a University with the first examination and subsequent preparation service with the second State examination; the first test consists of an academic focus range checking and a state compulsory examination.
(2) study and preparation service are content to match.
§ 5a study (1) the period of study is four years; This time may be less than if you are assigned to services required for admission to the University focus range checking and the State compulsory examination. Studying at a University in the area of application of this Act must account for at least two years.
(2) compulsory subjects and areas of focus are the object of study choices. In addition, the successful visit of a foreign language faculty event or a rechtswissenschaftlich-oriented course is to prove; the law of the land can determine that the foreign language competence can be demonstrated elsewhere. Compulsory subjects are the core areas of civil law, criminal law, public law and procedural law including the Europe-legal references, the jurisprudential methods and of the philosophical, historical, and social foundations. The focus areas serve the supplementary of studies, the deepening of their related compulsory subjects, as well as the mediation of interdisciplinary and international references of the right.
(3) the content of the studies consider the judicial, administrative and legal advisory practice including the necessary key skills such as negotiation management, interviewing, rhetoric, dispute settlement, mediation, hearing teaching and communication skills. Practical study of at least three months take place during the semester break time. The law of the land to determine the practical studies takes place at one point and coherently.
(4) the further regulates the law of the land.
§ 5 b preparation service (1) the preparation service lasts two years.
(2) the training is carried out at the following duty stations: 1 an ordinary court in civil matters, 2. a public prosecutor or a court in criminal matters, 3. an administrative authority, 4. a lawyer and at one or more election stations, which ensures a proper training is.
(3) the training can take place in reasonable amounts at supranational, interstate or foreign training agencies or foreign lawyers. Can be used with an apprenticeship at a Faculty of law, as well as at the German University of Administrative Sciences Speyer. The law of the land can determine that training No. 1 in part with a court in the jurisdiction of the work, the training referred to in paragraph 2 may take place no. 3 referred to in paragraph 2 in part a Court of administrative, financial, or the social courts.
(4) a duty station the duty station when a lawyer takes at least three months, nine months; the law of the land can determine that the training can take place no. 4 referred to in paragraph 2 until a period of three months at a notary public, a company, an association or any other training, where a proper legal advisory training is guaranteed. The preparation service can not be extended in some cases compelling reasons due to inadequate performance.
(5) during the training, training courses can be provided up to a maximum period of three months.
(6) further regulates the law of the land.
§ 5c crediting an education for the higher service (1) successfully completed training for the higher judicial service or for the upscale non-technical management service can request to be applied to the duration 18 months on training. But not more than six months may be counted towards the preparatory service.
(2) the further regulates the law of the land.
take into account tests (1) State and University tests the judicial, administrative and legal advisory practice including the necessary key skills § 5 d after section 5a paragraph 3 sentence 1; without prejudice to section 5a paragraph 2 sentence 2, the tests can consider also foreign language competence. The uniformity of the testing requirements and performance evaluation is to ensure. The Federal Minister of Justice is empowered to set a note and point scale for the individual and total scores of all tests by decree with the consent of the Federal Council.
(2) the University focus range checking and the State compulsory examination is to be such that the study can be completed after four and a half years of study. University focus area exam is at least provide a written service. In the State compulsory test are written and oral services to provide; the law of the land can determine that audit services not provided during the study period but before the end of two and a half years. The testimony about the first test has passed academic focus range checking and the passing state compulsory examination results, as well as in addition an overall rating, incorporated into the the result of passing state compulsory examination by 70 per cent and the result of the passing University focus area examination with 30 per cent; It is granted in the country in which the State compulsory examination has been passed.
(3) the writing services in the second State examination are to provide at the earliest in the 18th and at the latest in the 21st month of training. Refer at least to the training at the duty stations. The land right next to supervisory work provides also a domestic work can be determined that this service must be provided after the last station. The oral capacity refer to the entire training.
(4) in the public examinations the examination body in its decision may differ from the calculated final grade if this better characterizes the level of performance of the candidates on the basis of the overall impression and the deviation on the exam has no influence; Here are also the services in the preparatory service at the second State examination to take into account. The deviation must not exceed one-third of the average size of a grade level. The proportion of oral examinations on the final grade shall not exceed 40 per cent. A mathematically determined credit notes issued during the preparatory service on the overall score of the second State examination is excluded.
(5) the State compulsory examination may be repeated once. An unsuccessful state compulsory examination is considered to be not made, if the applicant has signed up early for this examination and completely provided the provided inspection services. National law governs details, in particular the end of the registration period, the recognition of periods of study abroad, the disease and leave on the duration of the study as well as the consequences of an interruption in testing. The national law may provide for a repeat of government scrutiny for improving touch.
(6) further regulates the law of the land.
§ 6 recognition of testing (1) admission to the preparatory service should a candidate not be refused because he has filed the University focus range checking or the State compulsory examination according to § 5 in another country within the territorial scope of this Act. The time used in a country within the scope of this Act on the service of preparation is to be in every German State.
(2) a person who has acquired the qualification of judgeship within the territorial scope of this Act pursuant to section 5, is qualified in the Federal and in every German State to the judicial office.
§ 7 University professors every ordinary Professor of law at a University in the area of application of this Act is qualified for the judgeship.
Third section judge money § 8 law forms of service of the judges judge can only when judges are appointed for life, on time, to test or order.
§ 9 conditions may be only appointed for the appeals in the judicial relationship who is 1st German within the meaning of article 116 of the basic law, 2 the guarantee for offers, that he at any time for the free, democratic basic order within the meaning of the basic law occurs, the qualification of judgeship has 3 (sections 5 to 7) and 4 about the necessary social skills has.
§ 10 appointment for life (1) a judge on lifetime can be appointed, who has been active in the judicial service for at least three years after acquiring the qualification of judgeship.
(2) the time referred to in paragraph 1 can be counted towards activities 1 as officer of the higher service, 2nd in the German public service or in the service of an intergovernmental or supranational institution, if the activity has complied with the activity according to type and meaning in an Office of the higher service, 3. scientific as Professor teacher of law at a German University, 4th as a lawyer , Notary or as an assessor in a lawyer or notary, 5 in other professions, if the activity type and meaning as under paragraphs 1 to 4 was activities referred to likely to provide knowledge and experiences for the exercise of the judicial function.
The credit of more than two years of these activities has special expertise and experience of the appointed ahead to.
Article 11 appointment on time an appointment as a judge on time is allowed only under the conditions specified by federal law and only for the framework-specific tasks.
§ 12 appointment to test (1) who later judges to be used for life or as a Prosecutor, as may be appointed as a judge on trial.
(2) no later than five years after his appointment, the judge on trial as a judge on lifetime or under appeal in the civil servant for life as a public prosecutor is to appoint. The period is extended by the period of a leave of absence without pay.
Use a judge on trial a judge on trial can article 13 without consent only to a court, used before an authority of court administration or a public prosecutor.
§ 14 appointment as a judge under order (1) an officer on life time or on time can be appointed a judge force order, if he is used later as a judge on lifetime.
His previous official reserves (2)... section 15 effects on the duties (1) the judge under order. His salary and supply are determined by this Office. In addition to the rights and obligations of the civil service with the exception of the obligation to maintain official secrecy and the ban on the acceptance of gifts rest for the duration of the judge under order.
(2) the ratio of judges to a different employer establishes, this to the payment of remuneration is obliged.
Section 16 is the judge under order to appoint a judge on lifetime or to propose a judicial selection Committee to select continuous of use as a judge under order (1) no later than two years after his appointment. The judge rejects the appointment, so the judge power order expire.
(2) the provisions apply for the use of the judge under order for judges to test accordingly.
§ Appointed 17 appointment by instrument (1) the judge by handing a deed.
(2) an appointment is needed 1 to the establishment of the relationship of the judge, 2. to convert of the ratio of judges in such a different kind (§ 8), 3 for the award of other Office with other final basic salary.
(3) in the certificate of appointment the words "relying in the judicial relationship" with the addition of "on time", "on time", "on trial" or "order" must to establish the ratio of judges be included. In establishing this relationship of judge time, the length of time of the appointment in the document must be given.
(4) in the conversion of the relationship of judge in a judicial relationship of otherwise which must be included in the the certificate of appointment this kind of defining words pursuant to paragraph 3, at the first ceremony of Office and receiving an other Office with other final basic salary and other official title the title of the Office must be included in the certificate of appointment.
§ 17a a judge sets out its mandate and he is applying at this time once again for a seat in the Bundestag, as the transfer of another Office with higher end salary is not permitted.
§ 18 invalidity (1) an appointment appointment is void, when she was pronounced by a technically incompetent authority. The appointment can be confirmed not retroactively.
(2) an appointment is also void if the appointed at the time of the appointment 1 not was German within the meaning of article 116 of the basic law, or 2.
3. the ability to the clothing of public offices had.
(3) the revocation of an appointment as a judge on lifetime or to the judge on time can only be claimed once a court has legally established.
Article 19 withdrawal of (1) a nomination is appointment to take back 1 if the appointed had not the qualification of judgeship, 2. If statutory involvement of judicial selection Committee was no was taken and the judicial selection Committee has rejected the subsequent confirmation, 3rd if engineered the appointment by coercion, fraud or bribery or 4 if it was not known that the appointed had committed a crime or offence that makes him appear unworthy of the appeals in the judicial relationship, and he therefore legally was sentenced to a fine or will.
(2) an appointment may be withdrawn if it was not known that the appointed in judicial proceedings had been removed from the service, or professional or sentenced to the loss of pensions.
(3) the appointment as a judge on lifetime or to the judge on time may be withdrawn without the written consent of the judge only on the basis of final judicial decision.
§ 19a official designations (1) official names of judges for life and the judge on time are "Judges", "Presiding judge", "Director", "Vice President" or "President" with the addition of the label the Court ("judge most...", "presiding judge most...", "Director of...", "Vice President of the...", "President of the...").
(2) judges force job lead service the term 'Judge' with an additional label the Court ("judge most...").
(3) judges the term 'Judge' in the public prosecutor service lead to test the term "Prosecutor".
Note according to the decision sentence with the GG compatible, BVerfGE v. 27.6.1974 I 2161 § 20 general seniority general seniority of judges shall be determined by the date on which his judgeship has been transferred him. The judge previously held a different judicial office or any other Office with at least the same starting salary, General seniority is determined after the date of the transfer of the Office.
§ 21 dismissal from the service relationship (1) who is judge dismissed, 1 when he loses the property as a German within the meaning of article 116 of the basic law, 2.
If he appears in a public service or official relationship to a different employer, unless legally not otherwise is intended, or 3. If he is appointed to the professional soldiers or soldiers on time.
In the cases of paragraph 2 the Supreme authority of service agreement may order the continuation of the judges ratio in addition to the new service or official relationship with the new employer, and with the consent of the judge.
(2) the judge is to dismiss, 1 if he refuses to take the judges oath (section 38), 2nd if he was at the time the appointment of Member of the Bundestag or a diet and not lay down his mandate within the reasonable period set by the Supreme authority of service, 3. If he is appointed after reaching the age of retirement, 4th when he demanded his dismissal in writing , 5. If the age limit is reached or unfit for service, and the service relationship does not end by retirement or 6 if he takes his domicile or permanent residence abroad without permission of the Supreme authority of the service.
(3) a judge on lifetime or a judge on time can be dismissed without his written consent only on the basis of final judicial decision. The dismissal of a judge on lifetime or a judge on time pursuant to paragraph 1 can only be claimed once a court has legally established.
§ 22 release of a judge on trial (1) a judge on trial can be released to the end of the sixth, twelfth, eighteenth and twenty-fourth month after his appointment.
(2) a trial judge can be dismissed at the end of the third or fourth year 1 if it is not suitable for judicial office or 2nd when a judicial selection Committee rejects his takeover in the judicial relationship on life time or on time.
(3) a trial judge can be dismissed in a behavior that had a disciplinary measure to fraudsters in judicial disciplinary proceedings result in judges for life.
(4) the terms of paragraphs 1 and 2 will be extended to the time of a leave of absence without pay.
(5) in the cases of paragraphs 1 and 2 is the release available to tell the judge at least six weeks prior to the release date.
23 dismissal power order for the termination of the judge under order section shall apply the rules concerning the termination of the judge on trial.
Article 24 termination of employment by judicial decision is recognized against a judge by a German court in the territorial scope of this Act on 1st sentence of at least a year due to a deliberate act, 2. imprisonment due to a deliberate act which is punishable under the provisions of peace betrayal, treason, endangering the democratic rule of law or treason and endangering external security, 3. withdrawing the ability to the clothing of public offices or 4. forfeiture of a fundamental right in accordance with article 18 of the basic law , so the judge ends with the legal force of that judgment, without the need for a further court decision.
Fourth section independence of judges article 25 principle of the judge is independent and subject only to the law.
Section 26 service supervision (1) the judge is a supervision only, if not its independence.
(2) the supervision comprises also the power to hold the disorderly way of official business and to exhort to proper, instantaneous dispatch of official business. subject to paragraph 1.
(3) the judge claimed that a measure of internal affairs harms its independence, as a court at the request of the judge in accordance with this Act.
§ 27 a judge on lifetime and the judge on time is transmission of a judicial function (1) to transfer a judge to a particular court.
(2) an another judge in another court can be transferred him, as far as the law permits.
§ 28 filling the courts with judges for life (1) judges may be used in a court only judges for life operate as far as not a federal law determines otherwise.
(2) the Chairman of a court may be only a judge. Is a dish in a cast with several judges worked, as a judge on lifetime must preside.
Section 29 shall be involved a trial judge or a judge under order or a Deputy Judge filling the courts with judges on trial, force job and seconded judges at a judicial decision. He must be identified as such in the business distribution scheme.
Article 30 transfer and dismissal (1) can a judge on lifetime or a judge on time without his written consent only 1 in the proceedings on the indictment of judges (article 98 (2) and 5 of the Basic Law), 2nd in judicial disciplinary proceedings, 3rd in the interests of Justice (article 31), 4th change the organisation of Justice (§ 32) put in another Office or be removed from his Office.
(2) the transfer or dismissal may - be pronounced except in the case of paragraph 1 only on the basis of final judicial decision No. 4.
(3) it is equal the transfer, if a judge who has held several offices of judges, is removed from an Office.
Article 31 transfer in the interests of Justice can a judge on lifetime or a judge on time 1 in a different judicial office with same final salary, 2 temporary retirement, 3rd in retirement be moved, if facts outside his judicial activity mandatory areas a measure of its kind, to avert a severe impairment of the judicial.
§ 32 change the organisation of Justice (1) a change in the setting up of the courts or their districts can a judge appointed for life or on time this dishes are transferred to another judge Office. Is not possible to use in a judgeship with the same final basic salary as a judge with a lower end salary can be transferred him.
(2) the transmission of other judicial function is not possible, so the judge can be removed from his Office. A new judgeship, also with a lower final basic salary, can be transferred him at any time.
(3) the transfer of other judicial function (paragraph 1) and the dismissal (paragraph 2 sentence 1) can not later than three months after the entry into force of the change be made.
§ 33 leaving the full content (1) in the cases of § 32 receives his previous base salary including pension-capable or irrevocable make allowances of judges and rising in the seniority of his previous grade. Moreover, remuneration depend on the general salary regulations. Unless their height through the official residence, is on impeachment (§ 32 para 2 sentence 1) the last official residence apply.
(2) it his office vacancy judge applies to the application of rules about the rest of the pensions and the coincidence of several pensions as a judge retired.
§ 34 transfer a judge on lifetime or a judge on time can be shifted into retirement on grounds of invalidity without his written consent only on the basis of final judicial decision invalidity retirement. Rate applies for decisions about a limited service capability 1 according to.
Section 35 can temporary prohibition of the duties relating to a proceeding under article 18, para. 3, article 19, para. 3, article 21, para. 3, sections 30 and 34 the Court at the request of the judge provisionally prohibit the conduct of its official business.
Membership in a representative or Government (1) a judge of its lineup as a candidate for the election, is it to the German Parliament or the legislature of a country upon request within the last two months before election day is to prepare his election required holiday under loss of remuneration to grant § 36.
(2) a judge takes on the election in the Bundestag or the legislature of a country or is a judge appointed a member of the Federal Government or the Government of a country with his consent, to the right and the duty to exercise the judicial function without court decision end up subject to the laws.
§ 37 delegation (1) a judge on lifetime or a judge on time may be ordered only with his consent.
(2) the delegation is to pronounce on a certain time.
(3) a judge on lifetime or a judge on time without his approval at the latest for together may be seconded to three months within the fiscal year to other courts of the same Court Branch to the representation of a judge.
Fifth section special duties of the judge section 38 Judge Eid (1) the judge has to take following oath in open court of by a court: "I swear, the judicial office faithfully for the Federal Republic of Germany, and true to the law to exercise the basic law, according to our best knowledge and conscience without respect of persons to judge and to serve only the truth and righteousness, so help me God."
(2) the oath can be made without the words "so help me God".
(3) the oath may include an obligation on the State Constitution for judges in the land service and instead of a court in any other way be made public.
§ 39 maintenance of independence
The judge has been inside and outside his Office, even when political activity, to behave, so that confidence in its independence is not compromised.
§ 40 arbitrator and conciliator (1) a sideline as an arbitrator or Schiedsgutachter must be approved the judge only if the parties of the agreement jointly hire him, or if he is named from a nonparticipating spot. Approval shall be refused if the judge at the time of the decision to grant the approval is concerned with the thing or can be consulted according to the allocation of business.
(2) on an ancillary activity as a mediator in disputes between groups or between them and third parties, it is to apply paragraph 1 in accordance with.
Section 41 legal opinions (1) a judge may not Office to reimburse legal opinions, or give legal advice for a consideration.
(2) a staff Professor of the rights or political science, who is judge at the same time, may with approval the Supreme Administrative authority of court administration reimburse legal opinions and give legal advice. The approval be granted to General or individual cases only, if the judicial activity of the Professor not beyond the scope of a secondary and not to get is that professional interests are affected.
Section 42 activities in the administration of justice a judge is obliged to a secondary activity (part-time judge, sideline) only in the administration of Justice and the Court Administration.
§ Has 43 secrecy of the deliberations of the judges to mention about the sequence of events in the consulting and voting even after the termination of his employment relationship.
Sixth section volunteer judges section 44 appointment and dismissal of the honorary judge (1) volunteer judges may a court only on the basis of a law and operate under the prescribed conditions.
(1a) the procedures for the selection, appointment or appeal an honorary judge women and men should be taken into account appropriately.
(2) an honorary judges may be dismissed before the expiry of his term only under the prescribed conditions and against his will only by decision of a court.
§ 44a obstacles should not be called for appointments as honorary judge (1) to appointed of an honorary judge, who 1.
has violated the principles of humanity or the rule of law, or 2.
due to working as a full-time or an unofficial employee of the State security service of the former German Democratic Republic in the sense of § 6 par. 4 of the Stasi documents act of 20 December 1991 (Federal Law Gazette I p. 2272) or equivalent person for the Office of honorary judges is not suitable as these employees according to § 6 para 5 of the Stasi documents act.
(2) the body responsible for the appeal may require a written declaration for this purpose by the proposed that the conditions of in paragraph 1 are not with him.
§ (1) an honorary judge is 44 b dismissal of honorary judges to dismiss from his post when subsequently in § 44a para 1 known circumstances become known.
(2) the procedure depends on the rules, which also apply to the dismissal of an honorary judge of the respective type, unless otherwise provided in paragraphs 3 and 4.
(3) If a request for dismissal filed or initiated dismissal proceedings by virtue and the urgent suspicion is that there are the conditions of § 44a para 1, may order the Court for dismissal that the volunteer judges not may exercise the Office pending a decision about the dismissal. The order is final.
(4) the decision on the dismissal is final. The appointed as honorary judge may request the determination within one year after the effective date of the decision that the requirements of § 44a para 1 have not been. The next higher court by means of an unchallengeable order decides on the request. The next highest court is a Supreme Court or the decision has been taken by a Supreme Federal Court decides an other formations of the Court that made the decision. Not a Court of competent jurisdiction, arises pursuant to sentences 3 and 4 shall decide the higher regional court, in whose district the decision has been made.
Article 45 independence and responsibilities of honorary judge (1) is the volunteer judges equally as a professional judge regardless. He has the secrecy of the deliberations to true (§ 43).
(1a) No person shall in the acquisition or performance of duties as an honorary judge be restricted or discriminated against due to the acquisition of the performance of the duties. Honorary judges are exempt for the time of their duties by their employer of the work performance. The termination of an employment relationship due to the takeover or the performance of the duties is not permitted. Further national provisions remain unaffected.
(2) the honorary judge is to swear in before his first service in public session of the Court by the Chairman. The swearing-in is valid for the duration of the Office, another order for the immediately subsequent term of Office. The swearing is to raise the right hand when taking the oath.
(3) the honorary judges shall take an oath, by speaking the words: "I swear, the duties of honorary judges faithfully for the Federal Republic of Germany, and true to the law to comply with the basic law, based on our best knowledge and conscience without respect of persons, and to serve only the truth and justice, so help me God."
The oath can be made without the words "so help me God". About the swearing before the oath by the Chairman is to teach.
(4) an honorary judge indicates that he wants take no oath of faith or conscience, so he speaks the words: "I vow, the duties of an honorary judge true to the basic law for the Federal Republic of Germany, and true to the law to meet, according to our best knowledge and conscience without respecter of persons to judge and to serve only the truth and justice."
The pledge shall be equivalent to the oath.
(5) an honorary judge indicates that he would use a protestation formula of this community as members of a religious or confessional community, so he can attach them the oath or the pledge.
(6) the honorary judges in the financial jurisdiction take the oath then, the duties of honorary judges according to the basic law for the Federal Republic of Germany, and true to the law to meet, to preserve the secret of the tax, based on our best knowledge and conscience without respect of persons and to serve only the truth and justice.
This also applies for the pledge.
(7) for volunteer judges for the courts of the countries, the oath and pledge may contain an additional obligation on the State Constitution.
(8) concerning the obligation of the honorary judge at his Office, a log is recorded.
(9) In addition, the rights and duties of honorary judges determine according to the regulations for the individual branches of the Court.
§ 45a designations of the honorary judges the honorary judge at the criminal justice lead the term "Alderman", the honorary judge of the Chambers of Commerce the term "Judge" and the honorary judges the term "honorary judges".
Second part of judges in the Federal service the first section general rules of § 46 validity of the federal civil service law unless the law States otherwise, the rules for federal civil servants shall apply for the legal relationships of the judges in the Federal service to a special regime.
§ Is 47 Federal personnel Committee matters of the judge in matters of the judges in the Federal service in the federal personnel Committee as another permanent member of the head of the personnel Department of the Federal Ministry of Justice, whose Stellvertreter is an other official of the Federal Ministry of Justice. Non-permanent members are four judges; they and their deputies must be judge on lifetime in the Federal service. The officials of the Ministry of Justice and the judges are proposed by the Minister of Justice in consultation with the involved Federal Ministers of which three judges and their deputies on the basis of notification by the leading of professional associations of judges.
Retirement experience section 48 (1) judge for life at the end of the month in retirement, in which they reach the age-limit applicable to them. Reached the age limit, usually by age of 67 years (age).
(2) the entry into retirement may not be postponed.
(3) judges for life, who were born before January 1, 1947, reaching the age with age of 65 years. For judge on lifetime, which were born after 31 December 1946, the age is increased as follows: birth year increase to months age year month 1947 1 65 1 1948 2 65 2 1949 3 65 3 1950 4 65 4 1951 5 65 5 1952 6 65 6 1953 7 65 7 1954 8 65 8 1955 9 65 9 1956 10 65 10 1957 11 65 11 1958 12 66 0 1959 14 66 2 1960 16 66
4 1961 18 66 6 1962 20 66 8 1963 22 66 10
(4) judges are lifetime to move, if they have reached the 62nd age and are severely disabled within the meaning of § 2 para 2 of the ninth book of the social code at their request to retire. Judge on lifetime, which are severely disabled within the meaning of § 2 para 2 of the ninth book of the social code and born before January 1, 1952, are to place when they have reached the age of 60 to retire at their request. For judges who are severely disabled within the meaning of § 2 para 2 of the ninth book of the social code and born after December 31, 1951, the age limit will be lifted as follows: year of birth birth month increase to months age year month 1952 January 1 60 1 February 2 60 2 March 3 60 3 April 4 60 4 May 5 60 5 June-December 6 60 6 1953 7 60 7 1954 8 60 8 1955 9 60 9 1956 10 60 10 1957 11
60 11 1958 12 61 0 1959 14 61 2 1960 16 61 4 1961 18 61 6 1962 20 61 8 1963 22 61 10 are (5) judge on lifetime at their request to retire when they have reached the age of 63..
(6) section 147, paragraph 3, of the federal civil servants act shall apply accordingly.
§ 48a a judge is part-time employment and leave of absence for family reasons (1) on request 1 part-time up to half of the regular service, 2. a holiday without to grant remuneration up to the period of three years with the possibility of extension if he a) at least one child under eighteen years of age, or b) a care medical advice other members actually supports or maintains.
(2) the duration of the leave within the meaning of paragraph 1 shall not exceed twelve years b paragraph 1 also in connection with holidays pursuant to § 48. The request for renewal of a part-time or a holiday is to provide no later than six months before the end of the approved leave.
(3) applications are no. 1 only to approve, if the judge agrees to at the same time, start or change in part-time employment and the transition to full-time employment in another court of the same Court Branch to be used pursuant to paragraph 1. Applications are no. 2 referred to in paragraph 1 only to approve, if the judge also agrees to a use in an another judge of the same Court Branch.
(4) while an exemption from service pursuant to paragraph 1 may be approved only such activities does not run counter to the purpose of the exemption.
(5) service authority decides on request via a change in the scope of part-time employment or the transition to full-time employment during the duration of the grant period. She should allow a change of the scope of part-time employment or transition in special hardship cases to full-time employment when part-time employment in the previous extent cannot be expected to judge. The competent administrative authority may allow a return from vacation in special hardship cases, if a continuation of leave cannot be expected to judge. Paragraph 2 sentence 2 shall apply accordingly.
(6) during the period of leave referred to in paragraph 1 No. 2 in connection with paragraph 2 sentence 1 is entitled to benefits of sickness insurance in analogous application of the aid schemes for judges with reimbursement. This does not apply if the judge of taking into account capable Member of aid beneficiaries will be or on family benefits is entitled pursuant to § 10 of the fifth book of the social code.
§ 48b leave for employment reasons is (1) a judge in a labour market situation where there is an exceptional candidate overhang and is therefore an urgent public interest given to deal with applicants in the public service after reaching the age of eighteen years on application, which on the time until the beginning of retirement must extend to grant leave without remuneration.
(2) must be met only the application, if the judge explains to refrain from the exercise of remunerated activities while on vacation and to perform gainful activities according to § 46 of this Act in conjunction with section 100, paragraph 1, of the federal civil servants act only to the extent as he could perform at full-time without violation of official duties. Is this obligation is culpably violated, is to revoke the permit. Service Authority may approve 1 auxiliary pursuant to sentence despite the Declaration of the judge, as far as they are not contrary to the purpose of the grant of leave. The competent administrative authority may allow a return from vacation in special hardship cases, if the continuation of leave cannot be expected to judge.
(3) If before 1 July 1997, leave has been granted pursuant to paragraph 1, no. 1 in the version applicable up to 30 June 1997 applies to the provisions of the commencement of retirement in the meaning of this provision of section 48, paragraph 3, sentence 1 continue.
(4) until 31 December 2004 holiday already a judge referred to in paragraph 1 after completion of the fiftieth year to grant. In connection with holidays to section 48a para 1, the duration of the leave may not exceed fifteen years.
section 48c a judge is part-time employment part-time work by at least fifteen years and after completion of the fiftieth year on request to grant part-time employment up to three-quarters of the regular service, if the requirements of section 48a para 1 are not available, and it no longer expected the judge's return to full time employment.
§ 48 d part-time work, leave and occupational advancement part-time employment and leave of absence under section 48a or section 48 c must the career advancement do not affect; a different treatment of judges with part-time employment compared to judges with full time employment is allowed only when overriding factual reasons justify it.
Second section judge representations paragraph 49 Judicial Council and Presidential Council in the federal courts than judge agencies built 1 judge councils to participate in education and Social Affairs, 2. Presidential Councils for the participation in the appointment of a judge.
§ 50 composition of the Judicial Council (1) the Judicial Council comprises three judges chosen 1st German Federal Supreme Court and Federal Patent Court of five judges chosen, 2. Federal Administrative Court, Bundesfinanzhof, Federal Labour Court and federal social Court.
(2) for the judges of the military service courts, a judicial Council of three judges chosen will be built. The Judicial Council determines its seat in a service Court.
(3) the President of the Court and its permanent representative can not belong to the Judicial Council.
§ 51 election of the Judicial Council (1) the members of the Judicial Council and an equal number of deputies are each four years secretly and directly elected.
(2) to prepare the election of the President of the Court, the courts of military service convenes the oldest life judge, a meeting of the judges. The general meeting approves the election process under the chairmanship of the oldest life judge.
§ 52 tasks of the Judicial Council for the powers and duties of the Judicial Council of shall apply article 2, paragraph 1, §§ 66 to 74, 75 para of 2 and 3 No. 1 to 5 and 11 to 16, § 76 para 2, § 78 para 1 No. 1, 2 and 2 to 4, sections 80 and 81 of the Federal staff representation Act of 15 March 1974 (Bundesgesetzbl. I p. 693) mutatis mutandis.
Article 53 common tasks of Judicial Council and staff (1) involved in a matter of the Judicial Council, as well as the staff, to the Judicial Council for the common decisions sends members of the Staff Committee.
(2) the number of seconded members of the Judicial Council must be the number of judges in the same proportion as the number of members of the staff to the number of civil servants, employees and workers. However, the Judicial Council sends at least that in § 17 paragraph 3 and paragraph 5 sentence 1 of the Federal staff representation Act certain number of members.
Article 54 establishment of the Presidential Council (1) at each justice of the Supreme Court of the Federation establishes a Presidential Council. At the same time, the Presidential Council with the Federal Administrative Court is responsible for the service courts. He is the Federal Supreme Court at 1 of the President as Chairman, his deputies, two members elected by the Board from among its members, and three other members, 2. the other Supreme courts of the Federation of the President as Chairman, his deputies, a member elected by the Board from among its members, and two other members.
No permanent representative has been appointed, as the longest-serving contribute to in its place, the oldest life presiding judge same seniority. The other members are elected by the judges of the Court, in which the Executive Council is built secretly and directly. Article 51, paragraph 2 shall apply mutatis mutandis.
(2) be replaced by the two members elected by the judges of the Supreme Administrative Court two members selected by the judges of such courts; in matters of the judges of the courts of military service Paragraph shall apply accordingly 1 set of 5 and 6.
(3) for the judge of the German Federal Patent Court, a Presidential Council will be built; It consists of the President as Chairman, his deputies, two members elected by the Board from among its members, and three other members. Paragraph shall apply accordingly 1 set of 5 and 6.
(4) the term of Office of the Executive Board is four years.
Article 55 task of the Executive Board
Before any appointment or election of a judge is the Presidential Council of the Court in which the judge used to participate. The same applies if a judge in a Court of a different branch of the Court should be transferred to a judge.
Article 56 introduction of participation (1) the Supreme authority of the service requested the opinion of the Executive Council. The application documents and the staff and qualifications are the application to add. Personnel files may be presented only with the consent of the applicant or judge.
(2) at the request of a member of a judicial selection Committee, the Supreme authority of the service has to apply for the position.
Article 57 opinion of the Presidential Council (1) which are Presidential Council a written reasoned opinion from regarding the personal and professional suitability of applicant's or judge. The opinion is to take to the personnel files.
(2) the Executive Council has to give its opinion within one month.
(3) a judge may be only appointed or elected, if the opinion of the Executive Council or has passed the period of paragraph 2.
Section 58 management, status of members (1) the judge agencies regulate their decision-making and management in a business.
(2) the cost of missions of the judges drop the budget of courts to the load. The Court Administration provides rooms and business needs.
(3) the membership of the judges Council is a voluntary work. You of sections 8 to 11, 46 paragraph 3 to 7 shall apply to the rights and obligations of the members, section 47, paragraph 2, of the Federal staff representation Act mutatis mutandis.
Section 59 deputies judge (1) an a Court of Federal of deputy judges will vote to the Judicial Council of the Court once the delegation has lasted more than three months. Is a judge in the Federal service to another court or an administrative authority is seconded, so he loses his right to vote to the Judicial Council at the previous court after three months.
(2) a deputy judge may not belong to the Presidential Council for the Court of the Confederation, to which he is seconded, it; He is not eligible to vote for the Presidential Council. A judge in the Federal service leaves at the beginning of the delegation from the Executive Board of his previous court but does not affect his eligibility.
Section 60 legal process concerning the judges offices for legal disputes arising from the establishment or activity of the judge represents the legal recourse to the administrative courts is open. The administrative court decides legal disputes from the joint participation of the judges Council and staff (§ 53 para 1) according to the rules of procedure and in the occupation of § 83 para 2 and section 84 of the Federal staff representation Act.
Third section service Court of Federal § 61 Constitution of the service Court (1) for the judges in the Federal Government is formed as a service Court of the Federation a Special Senate of the Federal Supreme Court.
(2) the service Court of the Federation negotiated and decides in the cast with a Chairman, two permanent assessors and two non-permanent assessors. The Chairman and the Permanent Committee member must belong to the Court Branch of the concerned judge the Federal Supreme Court, the temporary associate members as a judge on lifetime. The President of a court and its permanent representative may be not a member of the service Court.
(3) the Executive Committee of the Federal Court determines the Chairman and the assessor, as well as their representatives for five years. With the involvement of the non-permanent member's is bound to the order in the suggestion list provided by the Presidiums of the Supreme courts of the Federal Government.
(4) the service Court deemed civil division within the meaning of § 132 of the Judicature Act.
Article 62 the service Court (1) the service Federal Court finally 1 in disciplinary matters, also the judges retired.
2. about the transfer in the interests of Justice;
3. when judges on life time or on time over the a) revocation of appointment, b) return of an appointment, c) dismissal, d) retirement due to invalidity, e) restricted use due to limited service capacity;
4. if challenged, a) a measure to change the organisation of Justice, b) the secondment of a judge in accordance with § 37 para 3, c) an injunction, which a judge on trial or order dismissed, withdrawn his appointment by the or found the invalidity of his appointment or through which he enters invalidity retirement, d) attraction to a secondary, e) a measure of supervision for the reasons of § 26 ABS. 3 , f) an injunction about reduction of the service or leave of absence after sections 48a and 48 c.
(2) the service Court of the Federation also decides on the appeal against judgements of the service courts of countries (section 79).
§ 63 disciplinary procedure (1) the provisions of the Federal Disciplinary Act apply accordingly for the procedure in disciplinary matters.
(2) the service Court the provisional suspension and the withholding of payments, as well as on the lifting of these measures at the request of the Supreme Administrative Authority by decision. The decision is to deliver the highest service authority and the judge.
(3) section 78 of the Federal Disciplinary Act is to apply subject to the proviso that the fees regulations for the procedure on the appeal mutatis mutandis apply are in disciplinary proceedings before the service Court of the Federation. The procedure regarding the complaint against an appropriate disciplinary order of superiors is equivalent in terms of costs the process regarding the imposition of a fine by the Court Service. In proceedings on the request to order the provisional suspension and the withholding of pay, they apply to the proceedings on the application for suspension of these measures taken fees regulations according to.
Article 64 through disciplinary available only a reference may be pronounced disciplinary measures (1).
(2) only reprimand, fine or removal from the service can be imposed against a judge of a Supreme Court of the Federation.
§ Apply accordingly for the procedure of transfer in the interests of Justice (displacement method) 65 transfer procedure (1) the provisions of the administrative court.
(2) the procedure is initiated by a petition of the Supreme Administrative authority. A pre-litigation procedure does not take place. The representative of the federal interest in the Federal Administrative Court does not with to the proceedings.
(3) the Court said one of the measures provided for in article 31 to be admissible or reject the request.
Section 66 examination procedure (1) for the procedure in the cases of § 62 para 1 No. 3 and 4 (test procedure) shall apply the provisions of the administrative court mutatis mutandis. The representative of the federal interest in the Federal Administrative Court does not with to the proceedings.
(2) a preliminary proceedings will be held only in the cases of § 62 para 1 No. 4.
(3) the procedure is initiated in the cases of § 62 para 1 No. 3 by a petition of the Supreme Administrative Authority, in cases no. 4 by a request of the judge.
Section 67 judgment formula in the examination procedure (1) in the case of section 62, paragraph 1 letter a is no. 3 the Court the invalidity to or rejects the request.
(2) in the cases of § 62 para 1 No. 3, letters b to d provides the Court the admissibility of the action, or dismissal or rejects the request.
(3) in the cases of § 62 para 1 No. 4 letters a-d the Court revokes the contested measure or reject the request.
(4) in the case of § 62 para 1 No. 4 letter e represents the court determine the inadmissibility of the action or rejects the request.
Section 68 a measure of supervision for the reasons of § 26 ABS. 3 suspension of proceedings (1) is contested and the decision thereon depends on the existence or non-existence of a legal relationship, which makes the subject of other proceedings or can make, so has the service Court to suspend the negotiations until completion of the other process. The suspension decision shall be justified.
(2) the proceedings in the other court is pending, the service Court in the suspension decision is a reasonable period to the initiation of the proceeding. After fruitless expiry of the time limit, it rejects the request without further examination.
(3) the decision of another court as a Court of service depends on whether a measure of supervision for the reasons of § 26 ABS. 3 is inadmissible, the Court has to suspend the trial until completion of the proceedings before the service Court. The suspension decision shall be justified. Paragraph 2 shall apply mutatis mutandis.
Fourth section judge of the Constitutional Court of § 69 limited applicability of this Act to the judges of the Constitutional Court the provisions of this Act apply only insofar as they are compatible with the special legal status of those judges according to the basic law and under the law on the Constitutional Court.
Article 70 the rights and obligations of a judge in the Supreme courts of the Federation rest federal judge as a judge of the Federal Constitutional Court (1) as long as he is a member of the Constitutional Court.
(2) he is to move to his Office as a judge of the Federal Constitutional Court ends in accordance with of article 98 of the Act on the Constitutional Court retired on his application as a judge of a superior court of Justice of the Federation at the time.
Third part of judges in the land service
§ 71 validity of the official State law unless the law States otherwise, apply to the status law of the judge in the land service up to a special regulation the provisions of the civil servants status act according to.
section 71a officials supply law the sections I to XIII of the officials supply Act shall apply mutatis mutandis for the supply of the judges in the land service, unless the law States otherwise.
§ 72 judge councils are to make education of the Judicial Council in the countries. Its members are elected by the judges from among their number directly and secretly.
Article 73 tasks of the Judicial Council, the Judicial Council has at least the following tasks: 1. participation in education and Social Affairs of the judges, 2. joint participation with the staff in General and social matters affecting both judges and staff of the Court.
§ 74 establishment of the Presidential Council (1) for each court branch is a Presidential Council to make. For multiple Court branches, the formation of a joint Presidential Council may be prescribed by law.
(2) the Presidential Council consists of the President of a court as Chairman and judges, of whom at least half by the judge are to choose.
Section 75 duties of the Presidential Council (1) is the Presidential Council on the appointment of a judge to an Office with higher end base salary than the an input Office to participate. He submits a written reasoned opinion about the personal and professional suitability of the judge.
(2) other tasks can be transferred the Presidential Council.
The judge on lifetime experience section 76 age limits (1) after reaching the age limit retirement (age).
(2) by law, special age limits cannot be determined, after which the judge at his request to retire is to enable.
section 76a part-time is part-time employment to enable.
§ 77 service courts are creating service courts (1) in the countries to make.
(2) the service courts decide in the cast with a Chairman and half with permanent and non-permanent assessors. All members must be judges appointed for life. The non-permanent members should belong to the Court Branch of the concerned judge.
(3) the members of the service courts are determined by the Bureau of the Court where the service Court is built. The provincial legislature can bind the Bureau proposal lists provided by the chiefs of other dishes. The President of a court or his permanent representative cannot be a member of a service Court.
(4) by State law set 2 can be by way of derogation from paragraph 2, that contribute volunteer judges from the legal profession as a permanent member. Only a lawyer can be appointed as a member of the service Court, can be elected to the Board of the Bar Association. The members of the Court of service may not at the same time belong to the Board of the bar association or the articles of association meeting or be employed at the bar association or the articles of association meeting in the main or secondary activity. The legal members shall be appointed by the Presidium of the Court where the service Court is built, for a period of five years; they may be called back after expiry of their term. The Bureau is bound with the involvement of the permanent associate members from the legal profession to the proposal list, that prepares the Board of Directors of the Chamber of lawyers. Several lawyers, are within the jurisdiction of the service court legal membership should be relatively the number of members of lawyer Chambers. The Bureau determines the required number of legal members. The proposal lists must contain at least she'il make.5 past the required number of lawyers. The procedure for ordering the legal members of the service Court is determined by State law.
Article 78 the service Court's jurisdiction the service Court 1 in disciplinary matters, also the judges retired.
2. about the transfer in the interests of Justice;
3. when judges on life time or on time over the a) revocation of appointment, b) return of an appointment, c) dismissal, d) retirement due to invalidity, e) restricted use due to limited service capacity;
4. if challenged, a) a measure to change the organisation of Justice, b) the secondment of a judge in accordance with § 37 para 3, c) an injunction, which a judge on trial or order dismissed, withdrawn his appointment by the or found the invalidity of his appointment or through which he enters invalidity retirement, d) attraction to a secondary, e) a measure of supervision for the reasons of § 26 ABS. 3 , f) an injunction about reduction of the service or leave of absence.
Section 79 instance (1) proceedings before the courts of the service consists of at least two instances.
(2) in the cases of § 78 No. 2, 3 and 4 is the revision of the service Court of the federal stakeholders in accordance with of article 80.
(3) the provincial legislature may provide the revision of the service Court of the federal No. 1 in the cases of § 78.
Section 80, revision in the transfer process and the examination procedure (1) for the revision in the transfer process and the examination procedure of the administrative court rules shall apply mutatis mutandis. The representative of the federal interest in the Federal Administrative Court does not with to the proceedings.
(2) the revision is always to admit.
(3) the revision can be based only on it that the verdict is based on the non-application or incorrect application of a rule of law.
Article 81 admissibility of revision in disciplinary proceedings (1) if the provincial legislature in disciplinary proceedings (§ 79 para. 3), has set aside the revision to the service Court of the Federation can be inserted the audit subject to paragraph 3 only, if it has been approved by the service Court of the country. It is only to allow, if 1 fundamental importance has the case or 2. differs the verdict by a decision of the service Court of the Federation and is based on this deviation.
(2) the rejection of the revision may be challenged by appeal independently within two weeks after delivery of the judgment. The appeal is to insert at the Court, whose ruling will be appealed. In the notice of appeal must set out the fundamental importance of the case or referred to the decision of the service Court of the Covenant, from which the judgment is different. The filing of the appeal inhibits the legal force of the judgment. Will not remedy the complaint, so the service Federal Court decision. The resolution requires no justification, if the appeal is unanimously rejected or refused. Rejection of the complaint by the service Court of the Federation, the judgment becomes legally binding. The appeal is allowed, the revision period begins with delivery of the appeal ruling.
(3) an authorisation need not, if as fundamental deficiencies of the process will be notified that 1 the trial court was not properly staffed, 2. when determining a judge has participated, which was excluded or rejected the partiality with success by the exercise of the judicial function by operation of law, or 3. the decision with reasons provided.
Article 82 appeal is the revision in disciplinary proceedings (1) the Court, whose ruling will be challenged within two weeks after service of the judgment or of the notification of the decision on the approval of the revision in writing or to be recorded in writing statement before the Secretariat to insert and to establish not later than within two further weeks. In the explanatory memorandum is to indicate to what extent the judgment is contested, which changes the ruling be requested and justified as these applications. § 80 paragraph 3 shall apply mutatis mutandis.
(2) the service Court of the Federation is bound to the actual findings made in the contested judgment, unless that allowed and justified reasons for revision against those findings are put forward.
(3) the administrative court order apply accordingly article 144, paragraph 1 and article 158 para 1. The ruling might be only on rejection of the revision or annulment of the judgment under appeal.
Rules of procedure disciplinary, transfer and testing procedures are section 83 according to section 63, paragraph 2, article 64, paragraph 1, paragraphs 65 to 68 to fix. The provincial legislature can make rules on court costs in disciplinary matters, the judge in the land service.
Paragraph 84 Constitution judges the country law extent to which this law applies to the members of the Constitutional Court of a country.
Part four transitional and final provisions of first section change of federal law §§ 85 to 103 (Amendment and repeal provisions) section 104 referral on repealed regulations as far as in other laws and regulations referenced on rules or terms, be repealed by this Act be replaced by the corresponding regulations or the terms of this Act.
Second section transferring legal relations § 105 excess line rules for judges on lifetime and on time
(1) a person who is called before entry into force of this Act in a public service relationship on life time or on time and holds a judicial office as main office, receives the status of a judge on lifetime or on time within the meaning of this Act.
(2) a person who does not have the qualification of judgeship at entry into force of this law, can be reused in a court only in accordance with the provisions applicable up to the entry into force of this Act.
(3) a person who has taken an oath after May 8, 1945, on the occasion of the transmission of a judicial function, is exempt from the requirement for the performance of the judges oath (section 38).
Section 106 excess line rules for judges on trial, judge force order and detached judge (1) who performs the duties of a judge upon entry into force of this Act in a public employment relationship on trial, receives the status of a judge on trial. The time limits in article 12, paragraph 2 and article 22, paragraph 1 and 2 account setting.
(2) an official lifetime or on time for entry into force of this law to the exercise of a judicial function is responsible, he must lead this office until the expiration of one year after the entry into force of this Act. After that, it can be used before a court in a judicial relationship only according to the provisions of this Act.
Article 107 (lapsed) - section 108 (dropped out) - qualification of judgeship who § 109 on July 1, 2003, to the Office of judge is qualified, this qualification.
Qualification for the senior management service who until the qualification to the higher administrative service has acquired to the entry into force of this Act after at least three years studying law at a University and three years training in the public service through the legally prescribed examinations, can section 110 also after entry into force of this Act to a judge in the Constitutional Court, administrative justice and social courts are appointed. § 19 para 1 No. 1 shall apply mutatis mutandis.
§ 111 Chairman who can labour courts and social courts (1) the Chairman of a Labour Tribunal or a Sozialgerichts up to the expiry of two years after entry into force of this Act also appointed, who meets the requirements of § 18 para 3 of the Labour Court Act or section 9 para 2 of the social Court Act in the version applicable up to the entry into force of this Act; § 19 para 1 No. 1 shall apply mutatis mutandis. The Chairman of a Labour Tribunal can be appointed up to this point also to the judges on time. On judge on time section 18, paragraph 4 and article 19 of the Labour Court Act in the version applicable up to the entry into force of this law are to apply.
(2) the same applies to the appointment as Chairman due to a State law in accordance with section 207, paragraph 1, of the social Court of law.
§ 112 recognition of foreign exams and qualifications acquired abroad (1) the provisions on the recognition of checks to the displaced persons act and national legislation on the recognition of academic focus range checking by this Act not be touched.
(2) legal exams, which have placed Germans out of the territory referred to in article 3 of the unification treaty prior to 3 October 1990 from abroad, are to recognize first State examination according to article 5, paragraph 1, if they have been assimilated to the degree as Diplom-jurist in the German Democratic Republic by international agreement with the Soviet Union or with States in Central and Eastern Europe, who were allied with the Soviet Union, or through legislation and are equivalent to the first State examination.
(3) the vocational qualification assessment Act is not applicable.
section 112a equivalence examination for admission to the judicial preparation service (1) persons who possess a law degree of the University, which was acquired in a Member State of the European Union, another Contracting State of the agreement on the European economic area or of Switzerland and there opens up access to the post university education for the profession of European Attorney pursuant to section 1 of the law on the activity of European lawyers in Germany , at the request of the preparatory service admitted, if their knowledge and skills correspond to the certified knowledge and skills by passed the State compulsory examination according to § 5 paragraph 1.
(2) the examination of knowledge required by paragraph 1 and skills extends to the university diploma and the presented evidence, in particular diplomas, certificates, other evidence of formal qualifications and evidence of relevant professional experience. Examination reveals no or only a partial equivalence, an aptitude test is performed on request.
(3) the aptitude test is a fair in the German language State examination, which relates to the necessary knowledge of German law and of the ability should be judged, to complete the legal preparatory service. Examination subjects are civil law, criminal law and public law, including the relevant procedural law. There are written papers of the State compulsory examination in those who set to customize 2 referred to areas of the law, the sufficient Mastering not already set 1 has been demonstrated within the framework of the audit referred to in paragraph 2.
(4) qualifying examination at least an audit work in the field of civil law pass if which are 1 under the law of the country where the exam is taken, for the existence of the State compulsory examination required number of papers, but at least half of the examination provided for in the State compulsory examination, are passed and 2 papers which passed 3 set 2 mentioned so in at least two in paragraph, thereof.
If sufficient mastery of the set 2 jurisdictions referred to set 1 was already stated in paragraph 3 within the framework of the audit referred to in paragraph 2, the audit work in this area is considered to be passed.
(5) a failed examination may be repeated once.
(6) who has determination of equivalence referred to in paragraph 1 the effect of a passing first examination in the sense of § 5 para 1 (7) the land justice administrations or other competent bodies according to national law for the loss of the State compulsory examination are responsible for the equivalence examination including an aptitude test. To perform these tests, several countries can make a joint examination by agreement.
Third section concluding provisions § 119 - § 120 technical members of the German Federal Patent Court to the judge at the German Federal Patent Court is also empowered sections 113 to 118 (dropped out), who meets the conditions of § 65 2 of the Patent Act. § 19 para 1 No. 1 shall apply mutatis mutandis.
§ 120a special rules about the official designations this law about the official designations do not apply to the judges of the Constitutional Court.
§ 121 judges in the Federal service as members of the legislature of a country on the status of judges selected after June 1, 1978 in the legislative body of a country in the Federal Government are the governing judges elected to the Bundestag in rules in the sections 5 to 7, 23 para 5 and § 36 para 1 of the deputies law of February 18, 1977 (Federal Law Gazette I p. 297) accordingly. No compensation with feeding character is entitled to judge on the basis of his membership in the legislature, be fifty per cent of their last-related salary more granted; General salary increases are taken into account according to § 14 of the federal pay law.
§ 122 public prosecutors (1) can be appointed only to the Prosecutor, who has the qualification of judgeship (sections 5 to 7).
(2) the judicial service in the sense of § 10 para 1 shall be equivalent to a prosecution.
(3) on the prosecutors is to apply article 41 according to.
(4) in judicial disciplinary proceedings against public prosecutors, the service courts for judges. The temporary associate members must be public prosecutors appointed for life. The Minister of Justice ordered the temporary associate members in the service Court of the Federal Government. The appointment of the temporary Committee member the service courts of countries regulates land legislation.
(5) paragraphs 1 to 4 and section 110, sentence 1 shall apply mutatis mutandis for the representatives of the federal interest in the Federal Administrative Court, the Bundeswehrdisziplinaranwalt, the prosecutors and the prosecutors at the courts of the administrative jurisdiction of the countries; the Minister of Justice ordered the temporary associate members in the service Court of the Federal Government in agreement with the competent Federal Minister.
§ 123 occupation of professional courts for lawyers section 94, paragraph 1 and section 101 paragraph 3 of federal law order by August 1, 1959 (Federal Law Gazette I p. 565) are not affected by this law. The land administration of Justice determines the Court before the honorary judges, the Chairman of a Court of law or a law court, beholden on her Office.
§ 124 career change
(1) a judge, which according to annex I Chapter III functional area A, section III No. 8 of the Unification Treaty of 31 August 1990 in connection with article 1 of the law of 23 September 1990 (BGBl. 1990 II S. 885) the qualification to be a professional judge has, after his appointment to the judicial relationship on life time fitness and ability with his written consent, citing the civil servant subject to lifetime are also appointed the Prosecutor.
(2) the suitability and qualifications is to demonstrate through a two-year trial with a Prosecutor and to determine in an official assessment.
(3) the suitability and qualifications is not found in the official assessment referred to in paragraph 2, the judges Office received, in his to be used.
(4) paragraphs 1 to 3 shall apply for a Prosecutor, according to annex I Chapter III functional area A, section III No. 8 letter z double letters cc of the Unification Treaty of 31 August 1990 in connection with article 1 of the law of 23 September 1990 (BGBl. 1990 II S. 885) has the competence to the District Attorney and was appointed to the District Attorney, citing the civil servant subject to lifetime , for an appointment as a judge. During testing in the public prosecutor service, judge carry the designation "Prosecutor".
§ 125 (lapsed) - § 126 this law into force shall on 1 July 1962. The sections 114 and 116 but already into force on the day after the announcement.
Annex EV excerpt from EinigVtr annex I Chapter III functional area A, sections III and IV (BGBl. II, 1990, 889, 929, 939) section III - requirements for the five acceding countries (article 1 para 1 EinigVtr) - section IV - requirements for the State of Berlin - section III federal law enters into force... subject to the special arrangements for the State of Berlin in section IV in the area referred to in article 3 of the Treaty, with the following stipulations :
8 German judiciary act as amended by the notice of April 19, 1972 (BGBl. I p. 713), last amended by article 4 of the Act of 26 June 1990 (BGBl. I S. 1206), with the following stipulations: a) to x) (no longer applicable) y) in article 1 paragraph 1 of the Treaty area following excess cable rules apply for the: aa) to ii) (no longer applicable) jj) a degree at the Law University of Potsdam oak or a comparable institution acquired does not entitle for establishing a legally regulated legal profession.
Für Staatsanwälte gilt folgendes:
u. bb) (nicht mehr anzuwenden)
Im übrigen gelten die Maßgaben a), b), c), e), h), k), p), q), v), w), y)aa), y)bb), y)ee), y)ff) und y)jj) sinngemäß.
28 (no longer applicable) section IV...
3. for the following in section III called legislation in the State of Berlin the following special features:... b) (no longer applicable)... j) (no longer applicable)...
Footnote lit section III No. 8. i italics: no longer apply gem. § 17 No. 1 book. e in accordance with § 14 d. G v. 26.6.1992 I 1147 (RpflAnpG) mWv 1.7.1992
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