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German Judicial Act

Original Language Title: Deutsches Richtergesetz

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German Judicial Act

Unofficial table of contents

DRiG

Date of completion: 08.09.1961

Full quote:

" German Law on Judges in the Version of the Notice of April 19, 1972 (BGBl. 713), most recently by Article 17 of the Law of 6 December 2011 (BGBl). 2515).

Status: New by Bek. V. 19. 4.1972 I 713,
Last amended by Art. 17 G v. 6.12.2011 I 2515

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 16.9.1981 + + +) 
(+ + + measures due to EinigVtr cf. DRiG Annex EV;
Partially no longer to be used + + +)
Unofficial table of contents

Content Summary

Part one:
Judicial office in the federal and state governments
First section: Introductory provisions § § 1 to 4
Second section: Empowerment of the judge § § 5 to 7
Third section: Judicial Ratio § § 8 to 24
Fourth section: Independence of the judge § § 25 to 37
Fifth section: Special duties of the judge § § 38 to 43
Sixth section: Honorary Judges § § 44 and 45a
Part two:
Judges in the Federal Service
First section: General provisions § § 46 to 48d
Second section: Judicial Representations § § 49 to 60
Third section: Federal Service Tribunal § § 61 to 68
Fourth section: Judge of the Federal Constitutional Court § § 69 and 70
Part Three:
Judge in the Landesdienst § § 71 to 84
Quarter Part:
Transitional and final provisions
First section: Amendment of federal law § § 85 to 104
Second section: Transfer of legal relationships § § 105 to 118
Third section: Final provisions § § 119 to 126

Part one
Judicial office in the federal and state governments

First section
Introductory provisions

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§ 1 Professional judges and honorary judges

The right-wing violence is exercised by professional judges and by voluntary judges. Unofficial table of contents

§ 2 Validate for professional judges

The provisions of this Act shall apply only to the professional judges, unless this law is otherwise determined. Unofficial table of contents

§ 3 Dienstherr

The judges are at the service of the federal government or a country. Unofficial table of contents

§ 4 Ununifying Tasks

(1) A judge shall not exercise at the same time the duties of the judicial authority or the duties of the legislative or of the executing force. (2) However, a judge shall be entitled to exercise the duties of judicial authority in addition to the tasks of the judicial authority.
1.
Duties of the Court of Justice,
2.
other tasks assigned to courts or judges on the basis of a law,
3.
Tasks of research and teaching at a scientific university, public educational institution or official teaching institution,
4.
Audit matters,
5.
the chairmanship of the establishment and the relevant independent bodies within the meaning of § 104 sentence 2 of the Federal Personalization Act.

Second section
Empowerment of the judge

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§ 5 Empowerment of the Judge Office

(1) The qualification is acquired by the judge's office, who concludes a law degree course at a university with the first examination and a subsequent preparatory service with the second state examination; the first examination consists of a (2) Studies and preparatory service are to be coordinated with each other in terms of content. Unofficial table of contents

§ 5a Studies

(1) The study period is four years; this time can be undershot, provided that the services required for admission to the university focus area examination and to the state compulsory examination are proven. At least two years must be required to study at a university within the scope of this law. (2) Subject-matter of the course of study are compulsory subjects and priority areas with optional options. In addition, the successful visit to a foreign-language legal scholarly event or a language course based on the law is to be proven; the national law can determine that the foreign language competence is also otherwise can be detected. Compulsory subjects are the core areas of civil law, criminal law, public law and procedural law, including Europarechtlichen references, legal methods and philosophical, historical and social foundations. The main areas of focus are the completion of studies, the deepening of the compulsory subjects related to them, and the placement of interdisciplinary and international references to the law. (3) The contents of the studies take into account the legal, administrative and legal practice, including key skills such as negotiation management, discussion, rhetoric, dispute resolution, mediation, communication skills, and communication skills. During the lecture-free period, practical study periods of a total of at least three months will take place. The law of the country can determine that the practical study period takes place at one location and in a coherent manner. (4) The more detailed rules are laid down in the national law. Unofficial table of contents

§ 5b Preparation Service

(1) The preparatory service lasts two years. (2) The training takes place at the following compulsory stations:
1.
an ordinary court in civil matters,
2.
a prosecutor's office or a court in criminal matters,
3.
an administrative authority,
4.
a lawyer
as well as at one or more polling stations where appropriate training is guaranteed. (3) The training may be appropriate for national, intergovernmental or foreign training centres or foreign nationals. Lawyers are taking place. An apprenticeship at a law faculty as well as at the German University of Administrative Sciences Speyer can be credited. The national law may determine that the training referred to in paragraph 2 (1) in part with a court of employment jurisdiction, the training referred to in paragraph 2 (3) in part by a court of administrative, financial or social justice (4) A mandatory station takes at least three months, the compulsory station for a lawyer nine months; the national law may stipulate that the training referred to in paragraph 2, no. 4, shall be for a period of three months at a notary, a company, association or other training body, in which appropriate legal advice is guaranteed. The preparatory service may be extended on a case-by-case basis for compelling reasons, but not because of insufficient benefits. (5) Training courses may be provided for up to a total duration of three months during the course of the training. (6) More detailed rules are laid down in national law Unofficial table of contents

§ 5c Invoice of an education for the upscale service

(1) A successfully completed training for the upper judicial service or for the upper non-technical administrative service can be credited on application up to the duration of 18 months on the training. However, no more than six months may be credited to the preparatory service. (2) The details of the country's law shall be laid down in detail. Unofficial table of contents

§ 5d Examination

(1) State and university examinations shall take into account the legal, administrative and legal practice, including the key qualifications required for this purpose, in accordance with Section 5a (3) sentence 1; without prejudice to § 5a (2) sentence 2 the tests also take into account foreign language competence. The consistency of the testing requirements and the performance evaluation shall be ensured. The Federal Minister of Justice is authorized, with the consent of the Federal Council, to establish a scale of grades and points for the individual and total grades of all examinations by means of a decree law. (2) The substance of the university's focal area examination and The state compulsory examination must be made in such a way that the course of study can be completed after four and a half years of study. At least one written benefit is to be provided in the university focus area examination. In the compulsory state examination, written and oral services are to be provided; the state law can determine that examination achievements are performed during the course of studies, but not before the end of two and a half years of study. The certificate of the first examination shows the results of the passed university focus area examination and the passed state compulsory examination as well as an overall grade, in which the result of the passed state- Compulsory subject examination with 70 of the hundred and the result of the passed university focal area examination with 30 of the hundred enters; it is granted in the country where the state compulsory examination has been passed. (3) The written Achievements in the second state examination are at the earliest in the 18th. and at the latest by 21. Training month to be provided. They shall refer at least to the training at the compulsory stations. If the national law also provides for a domestic work in addition to supervisory work, it can be determined that this service has to be performed after the end of the last station. The oral services relate to the whole of the training. (4) In the state examinations, the examination body may, in its decision, deviate from the calculated overall grade if this is due to the overall impression of the The performance of the candidate is better marked and the deviation to the passing of the examination has no influence; in this case, the performance in the preparatory service must also be taken into account in the second state examination. The deviation shall not exceed one third of the average level of a grade level. The proportion of the oral examinations in the overall grade may not exceed 40 of the hundred. A computationally determined calculation of the grades given in the preparatory service to the overall grade of the second state examination is excluded. (5) The state compulsory examination can be repeated once. An unsuccessful state compulsory examination shall be deemed not to be undertaken if the applicant has declared himself early on this examination and has fully provided the examination services provided. The further details, in particular the expiry of the registration period, the calculation of periods of study abroad, the illness and the leave of absence on the duration of the study, as well as the consequences of an interruption of the examination, govern the state law. The state law can provide for a repetition of the state examinations for the improvement of the grades. (6) The details are governed by the national law. Unofficial table of contents

§ 6 Recognition of exams

(1) The admission to the preparatory service must not be denied to an applicant because he/she is the subject of a university specialisation examination or the state compulsory examination according to § 5 in another country within the scope of this law. . The time spent in a country within the scope of this law on the preparatory service is to be found in each German country. (2) Anyone who has acquired the competence of the judge's office pursuant to § 5 within the scope of this Act is in the Federal Government and in the Federal Republic of Germany. of each German country to the judge's office. Unofficial table of contents

§ 7 Universitätsprofessoren

Any full professor of rights at a university within the scope of this law is empowered to judge the law.

Third Section
Judicial Ratio

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Section 8 Legal forms of the judicial service

Judges can only be appointed as judges for life, time, rehearsals or power orders. Unofficial table of contents

§ 9 Conditions for vocations

The judge's relationship shall only be appointed
1.
is German within the meaning of Article 116 of the Basic Law,
2.
provides the guarantee that it will at all times enter into the free democratic basic order within the meaning of the Basic Law,
3.
has the competence to judge (§ § 5 to 7) and
4.
has the necessary social competence.
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Section 10 Appointment to life

(1) In the case of a lifetime judge, he or she may be appointed who has been employed for at least three years in the judicial service after the acquisition of the qualification. (2) The period referred to in paragraph 1 may be credited to activities
1.
as an official of the higher service,
2.
in the German public service or in the service of an inter-governmental or superstate institution, if the activity has corresponded to the nature and importance of the activity in a higher service,
3.
as a habilitated teacher of the right at a German academic college,
4.
as an attorney, notary, or as an assistant at a lawyer or notary,
5.
in other professions, where the activity, in accordance with the nature and importance of the activities referred to in points 1 to 4, has been capable of communicating knowledge and experience in the exercise of the judicial office.

The calculation of more than two years of these activities requires special knowledge and experience of the person to be appointed. Unofficial table of contents

Section 11 Appointment on time

An appointment to the judge on time is only allowed under the conditions determined by federal law and only for the tasks determined by the federal law. Unofficial table of contents

§ 12 Appointment to the sample

(1) Anyone who is to be used later as a judge for life or as a prosecutor can be appointed to the judge on trial. (2) At the latest five years after his appointment, the judge on trial shall be appointed judge for life or under appeal. to appoint a life-time civil servant to the public prosecutor. The period shall be extended by the time of a leave of absence without references. Unofficial table of contents

§ 13 Use of a judge on a sample

A judge on a sample can only be used in a court, an authority of the court administration, or a public prosecutor's office without his consent. Unofficial table of contents

Section 14 Appointment of the judge by mandate

(1) A civil servant at a lifetime or at a time may be appointed to judge by order, if he is to be used later as a judge for life. (2) ... Unofficial table of contents

§ 15 Effects on the civil service relationship

(1) The judge shall retain his duties at the end of his duties. His remuneration and supply are determined by this office. In other respects, the rights and obligations arising from the civil service relationship, with the exception of the duty of confidentiality and the prohibition of the acceptance of gifts, rest for the duration of the judge's relationship. (2) If the judge's relationship is to be any other servant's head shall also be obliged to pay the remuneration. Unofficial table of contents

§ 16 Duration of use as judge by order

(1) By no later than two years after his appointment, the judge shall be appointed to appoint a judge for life or to propose a Judge Electoral Committee to the election. If the judge rejects the appointment, the judge's relationship shall end by order. (2) For the use of the judge by contract, the rules applicable to judges on the sample shall apply accordingly. Unofficial table of contents

Section 17 Appointment by certificate

(1) The judge shall be appointed by handing out a certificate. (2) An appointment shall be subject to the following:
1.
the reasons for the judicial relationship,
2.
for the conversion of the judge's relationship into such a different kind (§ 8),
3.
for the award of another office with a different final basic salary.
(3) In the case of the appointment of the judge, the words "by reference to the judge's relationship" with the addition "for life", "on time", "on the sample" or "power order" must be included in the statement of reasons of the judge's relationship. In the case of the establishment of a judge's relationship to time, the duration of the appointment shall be stated in the document. (4) In the case of the conversion of a judge's relationship into a judge's relationship of a different kind, the certificate of appointment must be given in the certificate of appointment. shall be included in the case of the first award of an office and the award of another office with a different final basic salary and other official name must be given in the certificate of appointment of the office of the office of the be included. Unofficial table of contents

§ 17a

If a judge remembers his mandate and at that time he is again applying for a seat in the German Bundestag, the transfer of another office with a higher final basic salary is not permissible. Unofficial table of contents

§ 18 Invalidity of the appointment

(1) An appointment shall be void if it has been pronounced by a competent incompetent authority. The appointment cannot be confirmed retrospectively. (2) An appointment shall also be void if the appointed person is appointed at the time of appointment
1.
was not German within the meaning of Article 116 of the Basic Law, or
2.
3.
did not have the ability to garb public office.
(3) The invalidity of an appointment to the judge for life or to the judge on time can only be asserted after a court has found it legally binding. Unofficial table of contents

Section 19 Revocation of the appointment

(1) An appointment shall be withdrawn;
1.
if the appointed person did not have the ability to judge,
2.
if the legally mandated participation of a Judge Electoral Committee has not been established and the Judge Electoral Committee has rejected the subsequent confirmation,
3.
if the appointment has been brought about by coercion, fraudulently deception or bribery, or
4.
if it was not known that the person appointed had committed a crime or offense which would make him unworthy of appeal to the judge's relationship, and that he was, or will be, legally sentenced to a penalty.
(2) An appointment may be withdrawn if it was not known that the person appointed had been removed from the service or profession in a judicial process or had been convicted of loss of pensions. (3) The appointment as judge Life time or the judge on time can only be withdrawn without the written consent of the judge on the basis of a legally binding judicial decision. Unofficial table of contents

Section 19a Official designations

(1) The term "judge", "chairman of judges", "director", "vice-president" or "president" with an addition to the court ("judge on ...", "Chairman of Judges on ...", "Judge", "Vice-President", "Judge", "Judge", "Judge", "Director of ...", "Vice-President of ...", "President of the ...") . (2) Judge kraft orders carry out the term "judge" in the service with an addition to the court ("Judge on ...") . (3) Judge on rehearsals lead the term "judge", in the attorney-general's service the term "prosecutor".

Footnote

Compatible with the GG in accordance with the decision set, BVerfGE v. 27.6.1974 I 2161 Unofficial table of contents

Section 20 General seniority

The general seniority of a judge shall be determined after the date on which his or her judicial office has been transferred. If the judge has previously held another judge's office or other office with at least the same initial basic salary, the general seniority shall be determined after the date of the transfer of that office. Unofficial table of contents

Section 21 Dismissal from the service relationship

(1) The judge shall be dismissed,
1.
if he loses the property as a German within the meaning of Article 116 of the Basic Law,
2.
if he enters into a public service or an official relationship with another servant, unless otherwise specified by law, or
3.
if he is appointed to the professional soldier or to the soldier at the time.
In the cases referred to in point 2, the supreme service authority may, in agreement with the new Dienstherrn and with the consent of the Judge, order the continuation of the judicial relationship, in addition to the new service or official relationship. (2) The judge shall be entitled to: dismissed,
1.
if he refuses to make the right to judge (§ 38),
2.
if at the time of appointment he was a member of the Bundestag or of a Land parliament and did not lay down his mandate within the appropriate time limit set by the highest office of the office,
3.
if he has been appointed after reaching the age limit,
4.
if he requires his dismissal in writing,
5.
if it reaches the age limit or is incapable of service and the employment relationship does not end by retirement, or
6.
if he or she takes his residence or permanent residence abroad without the authorisation of the top service authority.
(3) A judge for life or a judge on time can only be dismissed on the basis of a legally binding judicial decision without his written consent. The dismissal of a judge at the time of life or of a judge at the time referred to in paragraph 1 may be invoked only after a court has found that it has been legally established. Unofficial table of contents

Section 22 Dismissal of a judge on trial

(1) A judge on a sample may be dismissed at the end of the sixth, twelfth, eighteenth or fourth month following his appointment. (2) A judge on the sample may be dismissed at the end of the third or fourth year,
1.
if it is not suitable for the judge's office, or
2.
if a Judge Electoral Committee refuses to take over the right to judge for life or for a period of time.
(3) A judge on a sample may also be dismissed in the event of conduct which would result in a disciplinary measure to be imposed in judicial disciplinary proceedings in the case of judges. (4) The time limits set out in paragraphs 1 and 2 shall be extended (5) In the cases referred to in paragraphs 1 and 2, the apportionment order shall be communicated to the judge at least six weeks before the date of the date of the release. Unofficial table of contents

Section 23 Dismissal of a judge by order

For the termination of the judge's relationship by contract, the provisions on the termination of the judge's relationship to the sample shall apply accordingly. Unofficial table of contents

§ 24 Termination of the service by judicial decision

Will be recognized against a judge by a judgment of a German court within the scope of this law
1.
a custodial sentence of at least one year on account of an intentional act,
2.
a custodial sentence for an intentional act which is punishable under the rules on the betrayal of peace, treason, endangering the democratic rule of law or the betrayal of the country and the threat to external security,
3.
Recognition of the ability to hold public offices or
4.
Effect of a fundamental right in accordance with Article 18 of the Basic Law,
the judicial relationship shall end with the legal force of that judgment, without the need for any further judicial decision.

Fourth Section
Independence of the judge

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§ 25 Principle

The judge is independent and subject only to the law. Unofficial table of contents

Section 26 Service supervision

(1) The judge shall not be subject to supervision unless his or her independence is impaired. (2) Subject to paragraph 1, the supervisory authority shall also include the power to carry out the administrative execution of an official business. (3) if the judge asserts that a measure of the supervision of the service impairs his or her independence, a court shall, at the request of the judge, take a decision on the basis of the conditions laid down in the of this law. Unofficial table of contents

Section 27 Transfer of a judicial office

(1) The judge at the time of life and the judge at the time shall be transferred to a court of judges at a particular court. (2) A further judge's office may be transferred to another court to the extent that a law permits it. Unofficial table of contents

Section 28 Occupation of the courts with judges for life

(1) In the case of a court, judges may only act as judges for life, unless a federal law determines otherwise. (2) The chairman of a court may only be a judge. Where a court is engaged in an occupation with a number of judges, a judge shall be presided over for life. Unofficial table of contents

Section 29 Occupation of the courts with judges on the sample, judges by order and seconded judges

In the case of a court decision, no more than one judge shall be allowed to participate in the trial or a judge by order or a judge appointed by a judge. As such, it must be identified in the business distribution plan. Unofficial table of contents

§ 30 Dismissal and impeachment

(1) A judge for life or a judge on time may not be able to obtain written consent only
1.
in the case of the judge's charge (Article 98 (2) and (5) of the Basic Law),
2.
in judicial disciplinary proceedings,
3.
in the interest of the administration of justice (§ 31),
4.
in the event of change of the judicial organization (§ 32)
(2) The dismissal or impeachment may, except in the case of paragraph 1 (4), be issued only by reason of a final judicial decision. (3) The translation shall be subject to the following conditions: if a judge holding a number of judicial offices will be relieved of office. Unofficial table of contents

Section 31 Depositing in the interest of the administration of justice

A judge for life time or a judge on time can
1.
to another judge's office of the same final basic salary,
2.
in the one-week retirement or
3.
retiring
, where facts outside its judicial activity are subject to a measure of this nature in order to prevent a serious impairment of the administration of justice. Unofficial table of contents

Section 32 Change of the judicial organization

(1) In the event of a change in the establishment of the courts or of their districts, another judge's office may be transferred to a judge of these courts, appointed at the time of life or at the time of the day. If it is not possible to use it in a judge's office with the same final basic salary, a judge's office may be transferred with a lower final basic salary. (2) If the transfer of another judge's office is not possible, the judge of his or her They shall be removed from office. A new judge's office, even with a lower final basic salary, can be transferred at any time. (3) The transfer of another judge's office (paragraph 1) and the impeachment (paragraph 2 sentence 1) may not be later than three months after the entry into force of the Change is pronounced. Unofficial table of contents

Section 33A full salary

(1) In the cases of § 32, the judge shall receive his previous basic salary, including ruthless or irrevocable job allowances, and shall continue to increase in the seniority levels of his previous grade. In other respects, the remuneration is governed by the general rules on remuneration. To the extent that their height is determined by their place of residence, the last place of residence shall be the last place of service in the event of an impeachment (§ 32 (2) sentence 1). (2) Judges defied by his office shall apply to the application of the provisions relating to the resting of the Pensions and the meeting of a number of pensions as judges in retirement. Unofficial table of contents

Section 34 Replacement into retirement due to invalidity

A judge on a lifetime or a judge on time may be retired without his written consent only on the basis of a legally binding judicial decision for incapacity to work. In the case of decisions relating to a limited service, the first sentence shall apply. Unofficial table of contents

Section 35 Preliminary dissuasion of the official business

In a procedure pursuant to § 18 (3), § 19 (3), § 21 (3), § 30 and 34, the court may, at the request of the judge, provisionally prohibit the conduct of his official duties. Unofficial table of contents

§ 36 Membership of a People's Representation or Government

(1) If a judge agrees to his nomination as a candidate for election to the German Bundestag or to the legislative body of a country, he shall, on request within the last two months before the election day, be the candidate for the preparation of his election (2) If a judge takes the election to the German Bundestag or to the legislative body of a country, or becomes a judge with his consent to the member of the federal government or the government of a country, the right and the duty to exercise the Judge's office without a court decision after closer provision of the laws. Unofficial table of contents

§ 37 Abordination

(1) A judge on a lifetime or a judge on time may only be secondhand with his consent. (2) The secondhand is to be pronounced for a certain period of time. (3) To represent a judge, a judge shall be entitled to life or to a judge Without its consent, it shall be secondhand to other courts of the same judicial branch for a period of three months in a financial year.

Fifth Section
Special duties of the judge

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§ 38 Richtereid

(1) The judge shall pay the following oath in a public session of a court:
" I swear to exercise the judge's office faithfully to the Basic Law for the Federal Republic of Germany and faithfully to the law, to judge to the best of the knowledge and conscience of the person, and to serve only the truth and justice, as true to me God help. "
(2) The oath can be made without the words "as true to me God". (3) The oath may contain an obligation on the national constitution for judges in the Land Service and may be made public in other ways instead of a court. Unofficial table of contents

Section 39 Maintenance of Independence

The judge shall behave in such a way as to ensure that confidence in his independence is not at risk, both within and outside his office, including in the case of political activity. Unofficial table of contents

§ 40 arbitrator and arbitrator

(1) A secondary activity as arbitrator or arbitrator may only be approved by the judge if the parties to the arbitration contract jointly commission him or if he is appointed by an uninvolved body. The authorization shall be refused if the judge is concerned with the matter at the time of the decision to issue the authorisation or may be involved in the distribution of the business. (2) On a secondary activity as a conciliator in disputes between associations or between them and third parties, paragraph 1 shall apply accordingly. Unofficial table of contents

Section 41 Legal opinion

(1) A judge shall not be required to give legal advice on an extra-service basis, nor to give legal information on any charges. (2) A professor of rights or political sciences, who is a judge at the same time, may be appointed with the authorisation of the highest Report on legal advice and give legal advice to the judicial administration. The authorisation may be granted in general or in individual cases only if the judicial activity of the professor does not go beyond the scope of a secondary activity and is not to be concerned that service interests are impaired. Unofficial table of contents

Section 42 Secondary activities in the administration of justice

A judge is obliged to a secondary activity (side office, secondary employment) only in the administration of justice and in the court administration. Unofficial table of contents

Section 43 Consultative secrecy

The judge shall be silent on the outcome of the deliberations and the vote even after termination of his/her service.

Sixth Section
Honorary Judges

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§ 44 Order and dismise of the honorary judge

(1) Honorary judges may only take action in a court under a law and under the conditions laid down by law. (1a) Women and men shall be appointed in the procedures for the election, appointment or appointment of honorary judges (2) An honorary judge can only be dismissed before the expiry of his term of office under the conditions laid down by law and against his will only by decision of a court. Unofficial table of contents

§ 44a Obstacles to vocations as honorary judges

(1) To the office of a honorary judge shall not be called who
1.
in breach of the principles of humanity or the rule of law, or
2.
due to an activity as a full-time or unofficial employee of the State Security Service of the former German Democratic Republic within the meaning of Section 6 (4) of the Stasi-Documents Act of 20 December 1991 (BGBl. 2272), or as a person treated as such for the office of an honorary judge in accordance with Section 6 (5) of the Stasi-Documents Act.
(2) The body responsible for the appointment may, for that purpose, require a written declaration to the effect that the conditions set out in paragraph 1 do not exist in the case of the appeal. Unofficial table of contents

Section 44b Abconvening of honorary judges

(1) A honorary judge shall be dismissed by his office if circumstances referred to in § 44a (1) are subsequently known. (2) The procedure shall be governed by the provisions which, moreover, shall be for the convening of a honorary judge of the shall apply, unless otherwise specified in paragraphs 3 and 4. (3) Where an application has been filed or a revocation procedure has been initiated by its own motion and there is an urgent suspicion that the conditions may be met: § 44a (1), the court competent to convene the convocation may order that: the honorary judge is not allowed to exercise the office until the decision on the dismise. The order is indisputable. (4) The decision on the convening of the convocation is unquestionable. The appointed honorary judge may, within one year after the date of action of the decision, request the determination that the conditions of Section 44a (1) have not been fulfilled. The application shall be decided by the next highest court by means of an indisputable decision. If the next highest court is a supreme federal court, or if the decision has been taken by a top federal court, another body of the court decides that the decision has been taken. If, according to the sentences 3 and 4, no competent court is found, the Oberlandesgericht (Oberlandesgericht) in whose district the decision has been taken shall decide. Unofficial table of contents

§ 45 Independence and special duties of the honorary judge

(1) The honorary judge shall be independent in the same way as a professional judge. (1a) No one shall be restricted in the taking-over or pursuit of the office as a honorary judge or may be penalised for taking over the performance of the office. Honorary judges shall be exempted from work by their employer for the period of their term of office. The termination of an employment relationship as a result of the taking-over or the performance of the Office shall be inadmissible. Further national regulations remain unaffected. (2) The honorary judge is to be incarnated by the chairman before his first service in public session of the court. The insult shall be valid for the duration of the Office, and in the case of a renewed appointment also for the immediately subsequent term of office. The vow shall raise the right hand in the oath of power. (3) The honorary judge shall make the oath by speaking the words:
" I swear to fulfill the duties of a volunteer judge faithfully to the Basic Law for the Federal Republic of Germany and faithfully to the law, to judge to the best of the knowledge and conscience of the person, and only to the truth and To serve justice, so help me God. "
The oath can be made without the words "as true to me God". 4. If a honorary judge indicates that he does not want to make an oath for reasons of faith or conscience, he speaks the words:
" I am about to fulfill the duties of a volunteer judge faithfully to the Basic Law for the Federal Republic of Germany and faithfully to the law, to judge to the best of the knowledge and conscience of the person, and only to judge the truth and To serve justice. "
The vow is equal to the oath. (5) If a honorary judge indicates that he, as a member of a religious or confessional community, wants to use a formula of betterment of this community, he can attach it to the oath or to the vow. (6) The honorary judges in the financial jurisdiction make the oath there,
to fulfil the duties of a honorary judge faithfully to the Basic Law for the Federal Republic of Germany and faithfully to the law, to uphold tax secrecy, to judge to the best of the knowledge and conscience of the person, and to judge only the To serve truth and justice.
This is true for the pledge. (7) For honorary judges in the courts of the Länder, the oath and the vow may contain an additional obligation to the Land constitution. (8) On the obligation of the honorary judge to (9) The rights and obligations of the honorary judges shall also be determined in accordance with the rules applicable to the various court branches. Unofficial table of contents

§ 45a designations of the honorary judges

The honorary judges in the criminal justice system lead the term "Schöffe", the honorary judges at the Chambers of Commercial Matters the term "commercial judge" and the other honorary judges the designation " honorary Judge ".

Part two
Judges in the Federal Service

First section
General provisions

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Section 46 Valiant of the Federal Office of Civil Service

Insofar as this law does not determine anything else, the legal conditions of the judges in the Federal Service up to a special rule shall apply mutatily to the rules applicable to federal officials. Unofficial table of contents

Section 47 Federal Personality Committee in matters of judges

In the affairs of the judges in the Federal Service, the Federal Personnel Committee, as a further permanent member, acts as the head of the Human Resources Department of the Federal Ministry of Justice, the deputy of which is another official of the Federal Ministry of Justice. Federal Ministry of Justice. Non-permanent ordinary members are four judges; they and their alternates must be judges for life in the Federal Service. The official of the Federal Ministry of Justice and the judges are proposed by the Federal Minister of Justice in agreement with the federal ministers involved, three of them judges and their deputies on the basis of a designation by the Top organizations of the professional associations of judges. Unofficial table of contents

Section 48 Admission to retirement

(1) Life-time judges shall retire at the end of the month in which they reach the age limit applicable to them. They usually reach the age limit with the completion of the 67. (2) Admission to retirement cannot be deferred. (3) Life-time judges who were born before 1 January 1947 reach the rule age limit with the completion of the 65. Life Year. For life-time judges who were born after 31 December 1946, the rule age limit shall be increased as follows:
Birth Year raising at the age of Monates 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) Life-time judges shall be placed on their application to retire if they are the 62. They have completed their life year and are severely disabled within the meaning of Section 2 (2) of the Ninth Book Social Code. Judges for life, who are severely disabled within the meaning of § 2 (2) of the Ninth Book Social Code and before 1 January 1952, are to be placed on their application to retire if they are 60. Have completed their life year. For judges who are severely disabled within the meaning of Section 2 (2) of the Ninth Book Social Code and after 31 December 1951, the age limit shall be increased as follows:

Year of birth Birth month increase at the age of Monates 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
(5) Life-time judges shall be placed on their application to retire if they are the 63. (6) § 147 (3) of the Federal Civil Service Act shall apply accordingly. Unofficial table of contents

Section 48a Part-time employment and leave of absence for family reasons

(1) A judge shall be appointed on request
1.
Part-time employment up to half of the regular service,
2.
A holiday without remuneration up to three years with the possibility of renewal
if he or she
a)
at least one child under eighteen years of age, or
b)
other relatives in need of medical advice
(2) The duration of the holiday within the meaning of paragraph 1 shall not exceed twelve years in connection with holidays pursuant to section 48b (1). The application for an extension of part-time work or a holiday shall be submitted no later than six months before the expiry of the approved exemption. (3) Applications referred to in paragraph 1 (1) are to be approved only if the judge agrees at the same time, with start or change part-time employment and, in the case of the transition to full-time employment, also be used in another court of the same judicial branch. Applications pursuant to paragraph 1 (2) shall be approved only if the judge also agrees to use in another judicial branch of the same judicial branch. (4) Whereas the service referred to in paragraph 1 may only be exempted from the service referred to in paragraph 1. (5) A change in the extent of part-time employment or the transition to full-time employment during the period of time of the approval period shall be decided upon by the Application by the competent service authority. In particular cases of hardship, it should allow for a change in the extent of part-time employment or the transition to full-time employment if the judge cannot be allowed to work part-time on the previous scale. The competent service authority may, in special cases of hardship, allow a return from leave if the judge cannot be allowed a continuation of the holiday. (6) During the period of the holiday referred to in paragraph 1 (2) in conjunction with the first sentence of paragraph 2, entitlement to sickness benefits shall be the subject of the appropriate application of the aid schemes for judges. Salaries. This shall not apply if the judge becomes an eligible member of an eligible beneficiary or is entitled to family assistance in accordance with § 10 of the Fifth Book of Social Code. Unofficial table of contents

Section 48b Leave a leave of absence for labour market reasons

(1) A judge is in a labour market situation where there is an exceptional applicant overhang and there is therefore an urgent public interest in increasing the number of candidates in the public service, after completion of the contract. of the fifty-fifth year of life upon request, which must extend to the period until the beginning of retirement, to grant leave without remuneration. (2) The application may only be complied with if the judge declares, during the holiday, to the To waive the exercise of secondary activities and to pay compensation Pursuant to Section 46 of this Act, in conjunction with Section 100 (1) of the Federal Officials Act, only to the extent that he could exercise them in full-time employment without any breach of service obligations. If this obligation is culpably violated, the authorization shall be revoked. The competent service authority may, in spite of the statement by the Judge referred to in the first sentence, authorise secondary activities in so far as they do not run counter to the purpose of the authorisation of the holiday. The competent service authority may, in special cases of hardship, allow a return from leave if the judge cannot be allowed to continue the holiday. (3) If, before 1 July 1997, a holiday referred to in paragraph 1 has been granted, the following shall apply: the provisions of the beginning of retirement within the meaning of this provision § 48 (3), first sentence, in the version in force until 30 June 1997. (4) Until 31 December 2004, a judge's leave referred to in paragraph 1 shall be completed after the completion of the fiftieth year of life. In connection with holidays pursuant to section 48a para. 1, the duration of the holiday may not exceed fifteen years. Unofficial table of contents

Section 48c Part-time employment

After a part-time period of at least fifteen years and after the completion of the fiftieth year of life, a judge shall, on request, grant part-time employment up to three quarters of the regular service, provided that the conditions of the § 48a (1) do not exist and that the judge is no longer to be able to return to full-time employment. Unofficial table of contents

Section 48d Part-time employment, leave of absence and professional progress

Part-time employment and leave of absence according to § 48a or § 48c may not affect professional progress; a difference in the treatment of judges with part-time employment vis-à-vis judges with full-time employment is only permitted, if compelling factual reasons justify them.

Second section
Judicial Representations

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Section 49 Judicial Council and Presidential Council

The courts of the Federal Republic of Germany shall be established as judge's representative
1.
Judicial councils for participation in general and social affairs,
2.
Presiding councils for participation in the appointment of a judge.
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Section 50 Composition of the Judges ' Council

(1) The Judge Council shall consist of:
1.
Federal Court of Justice and Federal Patent Court of each five elected judges,
2.
Bundesverwaltungsgericht, Bundesfinanzhof, Bundesarbeitsgericht und Bundessozialgericht (Federal Labour Court and Federal Social Court) from three elected judges.
(2) A judge of three elected judges shall be established for the judges of the troop service tribunals. The Judge Council shall determine its seat at a troop service court. (3) The President of the Tribunal and his permanent representative may not be members of the Judges ' Council. Unofficial table of contents

Section 51 Election of the Judicial Council

(1) The members of the Judges ' Council and an equal number of alternates shall be elected by secret ballot and directly elected for four years. (2) In preparation for the election, the President of the Tribunal shall, in the case of the troop service courts, convene the life-oldest Judge, an assembly of judges. The Assembly shall, under the chairmanship of the life-elder judge, decide on the electoral procedure. Unofficial table of contents

Section 52 Tasks of the Judge Council

§ 2 para. 1, § § 66 to 74, 75 para. 2 and 3 Nos. 1 to 5 and 11 to 16, § 76 para. 2, § 78 para. 1 no. 1, 2 and para. 2 to 4, § § 80 and 81 of the Federal Personalization Act of 15 March 1974 (Bundesgesetzbl. 693). Unofficial table of contents

Section 53 Joint tasks of the Judicial Council and the Staff Committee

(1) If the Council of Judges and the Staff Committee are involved in a matter, the Council of Judges shall send members to the Staff Committee for the joint decision-making procedure. (2) The number of members of the Judge Council to the number of judges must be equal to the number of members of the Staff Committee on the number of officials, employees and workers. However, the Council of Judges shall send at least the number of members, determined in section 17 (3) and (5) sentence 1 of the Federal Personalization Act (Bundespersonalrepresentation). Unofficial table of contents

Section 54 Education of the Presidential Council

(1) A Presidential Council shall be established at each Supreme Court of the Federation. The Presidential Council of the Federal Administrative Court is also responsible for the troop service courts. It shall consist of:
1.
the Federal Court of Justice of the President of the President, acting as chairman, his permanent representative, two members elected by the Bureau from his centre and three other members,
2.
the other supreme courts of the Federation of the President of the President as Chairman, his permanent representative, a member elected by the Bureau from his centre, and two other members.
If no permanent representative is appointed, the oldest chairman, who is the oldest in the same age, shall act in his place of service. The other members shall be elected by the judges of the Court of First Instance, in which the Presidential Council is established, by secret and direct election. Section 51 (2) shall apply accordingly. (2) In the case of the two members elected by the judges of the Federal Administrative Court, two members elected by the judges of those courts shall enter into matters of the judges of the troop service courts; (3) A Presidential Council shall be established for the Judges of the Federal Patent Court; it shall consist of the President as Chairman, his permanent representative, two members elected by the Bureau from his centre. and three other members. (4) The term of office of the Presidential Council shall be four years. Unofficial table of contents

Section 55 Task of the Presidential Council

Prior to any appointment or election of a judge, the Presidential Council of the Court of First Instance shall be involved in the case of the Judge. The same applies if a judge is to be transferred a judge's office to a court of another court branch. Unofficial table of contents

Section 56 Introduction of participation

(1) The supreme service authority shall request the opinion of the Presidential Council. The application must be accompanied by the application documents and the personal and professional qualifications. Personnel files may only be submitted with the consent of the applicant or judge. (2) At the request of a member of a judge's election committee, the supreme service authority has to request the opinion. Unofficial table of contents

Section 57 Opinion of the Presidential Council

(1) The Presidential Council shall deliver a reasoned opinion in writing on the personal and professional competence of the applicant or judge. (2) The Presidential Council shall deliver its opinion within one month. (3) A Judge may not be appointed or elected unless the opinion of the Presidential Council has been delivered or the time limit of the Presidential Council has been submitted. Paragraph 2 has elapsed. Unofficial table of contents

Section 58 Management, legal status of the members

(1) The judge's representatives shall rule on their decision-making and management in a point of order. (2) The costs of the judge's representatives shall be charged to the budget of the courts. The court administration provides rooms and business needs. (3) The membership of the judge's representation is an honorary office. § § 8 to 11, 46 (3) to (7), § 47 (2) of the Federal Personalization Act (Bundespersonalrepresentation gesetz) apply mutas to the rights and obligations of the members. Unofficial table of contents

§ 59 Members of Parliament

(1) A judge seconded to a court of the Federal Republic shall be entitled to the judge's council of that court, as soon as the secondment has lasted for more than three months. If a judge in the Federal Service is seconded to another court or to an administrative authority, he shall lose his right to vote in the former court after the expiry of three months. (2) A dismissed judge may be appointed to the Presidential Council belong to the court of the federal government to which he is secondhand; he is not entitled to vote in favour of this Presidential Council. A judge in the Federal Service shall leave the Presidential Council of his previous court with the beginning of the secondhand; however, his right to vote shall remain unaffected. Unofficial table of contents

Section 60 Legal Way in matters of judge's representatives

Legal disputes arising from the formation or activity of the judge's representatives shall be open to the administrative courts. The Administrative Court decides in the case of litigation arising from the joint participation of the Judge Council and the Staff Committee (Section 53 (1)) in accordance with the procedural rules and in the occupation of Section 83 (2) and § 84 of the Federal Personalization Act.

Third Section
Federal Service Tribunal

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Section 61 Constitution of the Service Court

(1) For the judges in the Federal Service, a special Senate of the Federal Court of Justice is formed as the Federal Court of Justice. (2) The federal court of law negotiates and decides in the occupation with a chairman, two permanent consitters and two non-permanent co-sitters. The chairman and the permanent co-sitters must belong to the Bundesgerichtshof (Federal Court of Justice), the non-permanent members of the court of life as judges of life, to the court of the judge concerned. The President of a court and his permanent representative may not be a member of the Service Tribunal. (3) The Presidium of the Federal Court of Justice shall designate the Chairman and the Beisitter as well as their representatives for five financial years. In the confiscation of the non-permanent members, it is bound to the order in the list of proposals drawn up by the Presidia of the Supreme Courts of the Federal Republic. (4) The Service Tribunal shall be deemed to be a civil senate within the meaning of § 132 of the Court Constitutional Law. Unofficial table of contents

Section 62 Jurisdiction of the Service Court

(1) The Federal Administrative Court shall decide definitively
1.
in the case of disciplinary matters, including the judge in retirement;
2.
on the translation in the interest of the administration of justice;
3.
in the case of a life-time judge or at the time of the
a)
Invalidity of an appointment,
b)
Withdrawal of an appointment,
c)
Dismissal,
d)
retirement due to invalidity,
e)
limited use due to limited serviceability;
4.
in case of dispute
a)
a measure of change in the judicial organization,
b)
the secondhand of a judge pursuant to section 37 (3),
c)
an order by which a judge dismises on a sample or power order, by which his appointment is withdrawn or the invalidity of his appointment is established or by which he is retired due to incapacity for retirement,
d)
the use of a secondary activity,
e)
a measure of service supervision on the grounds of section 26 (3),
f)
A discount on the service or leave of absence according to § § 48a to 48c.
(2) The Federal Court of Service also decides on the revision of the judgments of the federal courts of the Länder (§ 79). Unofficial table of contents

§ 63 Disciplinary Proceedings

(1) The provisions of the Federal disciplinary law shall apply in accordance with the provisions of the Federal disciplinary law. (2) The provisional dismissal and the withholding of references and the repeal of these measures shall be decided upon at the request of the the highest office of the service court by decision. The decision must be sent to the highest service authority and to the judge. (3) § 78 of the Federal disciplinary law is to be applied with the proviso that in disciplinary proceedings before the federal court of service, the one for the proceedings on the appeal shall be applied in accordance with the terms of the fees. The proceedings concerning the imposition of a fine by the Service Tribunal shall be the same as to the costs of the proceedings relating to the action against a corresponding disciplinary action of the service officer. In proceedings relating to the request for an order for the discontinuation of the service and the withholding of remuneration, the fees applicable to the proceedings relating to the application for the suspension of those measures shall apply in accordance with the provisions of the fees. Unofficial table of contents

Section 64 Disciplinary Measures

(1) Only a reference can be made by disciplinary decree. (2) Only reference, fine or removal from the service can be imposed against a judge at a Supreme Court of the Federal Republic. Unofficial table of contents

Section 65 Reaction procedure

(1) The rules of the administrative court order shall apply in accordance with the provisions of the Administrative Tribunal for the procedure in the event of a transfer in the interest of the administration of justice. (2) The procedure shall be initiated by a request from the top service authority. A pre-trial procedure shall not take place. The representative of the federal interest in the Federal Administrative Court does not have any effect on the proceedings. (3) The court declares one of the measures provided for in § 31 for admissible or rejects the application. Unofficial table of contents

Section 66 Examination procedure

(1) For the procedure in the cases of § 62 (1) (3) and (4) (examination procedure), the rules of the administrative court order shall apply in accordance with the provisions of the Administrative Court. The representative of the federal interest in the Federal Administrative Court does not have an effect on the proceedings. (2) A preliminary procedure takes place only in the cases of § 62 (1) no. 4. (3) In the cases of § 62 (1) (3), the proceedings shall be followed by a request by the the supreme service authority, in the cases referred to in point 4, by a request from the judge. Unofficial table of contents

§ 67 Judgment of the judgment in the examination procedure

(1) In the case of section 62 (1) (3) (a), the court shall determine the invalidity or reject the application. (2) In the cases of § 62 (1) (3) (b) to (d), the court shall determine the admissibility of the measure or the dismissal (3) In the cases of Section 62 (1) (4) (a) to (d), the Court of First Instance annuls the contested measure or rejects the application. (4) In the case of Section 62 (1) (4) (e), the Court of First Instance dismisses the inadmissibility of the Measure or reject the application. Unofficial table of contents

Section 68 Suspension of proceedings

(1) Where a measure of service supervision is challenged on the grounds of Article 26 (3), the decision on this subject depends on the existence or non-existence of a legal relationship which forms or forms the object of another procedure , the Service Tribunal shall suspend the trial until the other proceedings have been carried out. (2) If the proceedings are not yet pending before the other court, the court of service shall set a reasonable time limit for the initiation of the proceedings in the decision to suspend the proceedings. After the expiry of the period of time, it rejects the application without further examination. (3) If the decision of a court other than a court of office depends on whether a measure of service supervision is inadmissible on the grounds of section 26 (3), the court of law shall not be held responsible for the reasons of the court's decision. the court shall suspend the proceedings before the court of service until the proceedings have been completed. Reasons shall be given for the suspension decision. Paragraph 2 shall apply mutatily.

Fourth Section
Judge of the Federal Constitutional Court

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Section 69 Limited validity of this Act

For the judges of the Federal Constitutional Court, the provisions of this law apply only insofar as they are compatible with the special legal status of these judges in accordance with the Basic Law and under the Law on the Federal Constitutional Court. Unofficial table of contents

§ 70 Federal judge as judge of the Federal Constitutional Court

(1) The rights and duties of a judge at the Supreme Court of Justice of the Federation shall rest as long as he is a member of the Federal Constitutional Court. (2) He is also on his request as a judge at a Supreme Court of the Federal Government at the time in to retire, to which his office as judge of the Federal Constitutional Court shall end in accordance with Section 98 of the Law on the Federal Constitutional Court.

Part Three
Judge in the Landesdienst

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Section 71 Valiant of the Staff Status Act

Unless otherwise specified in this Act, the status of the judges in the Land Service shall apply in accordance with the provisions of the Staff Regulations of Officials until a special arrangement. Unofficial table of contents

Section 71a Application of the Civil Service Act

Sections I to XIII of the Civil Service Act shall apply accordingly to the supply of the judges in the Land Service, insofar as this law does not determine anything else. Unofficial table of contents

Section 72 Education of the Judge Council

In the countries, judges ' councils are to be formed. Their members shall be elected by the judges directly and secretly from their midst. Unofficial table of contents

Section 73 Tasks of the Judicial Council

The Judicial Council shall have at least the following tasks:
1.
participation in general and social affairs of judges,
2.
joint participation with the Staff Committee in general and social matters, involving both judges and staff of the General Court.
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Section 74 Education of the Presidential Council

(1) For each judicial branch, a Presidential Council shall be formed. In the case of several court branches, the law may require the formation of a joint Presidential Council. (2) The Presidential Council shall consist of the President of a court as a presiding judge and of judges, at least half of which shall be represented by the Judges to be elected. Unofficial table of contents

Section 75 Tasks of the Presidential Council

(1) The Presidential Council shall be involved in the appointment of a Judge for a Office with a higher final basic salary than that of an incoming Office. It shall give a written statement of opinion on the personal and professional aptitude of the judge. (2) Further tasks may be entrusted to the Presidential Council. Unofficial table of contents

§ 76 Age limits

(1) The life-time judges shall retire after reaching the age limit (rule age limit). (2) By law, special age limits may be determined to retire upon reaching the judge's request is. Unofficial table of contents

Section 76a Part-time employment

Part-time employment can be made possible. Unofficial table of contents

Section 77 Establishment of service courts

(1) Service courts are to be formed in the countries. (2) The courts of service decide in the occupation with a chairperson and in each case half with permanent and non-permanent members of the seat. All members must be appointed judges at life time. The non-permanent members shall belong to the court of the judge concerned. (3) The members of the courts shall be appointed by the Bureau of the Court of First Instance, in which the court of service is established. The Land legislation may bind the Bureau to lists of proposals drawn up by the presides of other courts. The President of a court or his permanent representative may not be a member of a court of law. (4) By way of derogation from the second sentence of paragraph 2, by country law, it may be determined that honorary judges from the legal profession are permanent. Co-operate. Only one lawyer can be appointed as a member of the Service Tribunal, who can be elected to the Board of Directors of the Bar Association. The members of the Service Tribunal may not be members of the Board of the Bar Association or the General Assembly at the same time, or may be employed in the Chamber of Lawyers or in the General Assembly in the main or secondary profession. The members of the legal profession shall be appointed by the Bureau of the Court of First Instance, in which the Administrative Court is established, for a period of five years; they may be reappointed after the end of their term of office. The Bureau is bound by the board of directors of the Bar Association when it comes to the drawing up of the permanent members of the legal profession. If a number of legal chambers exist within the jurisdiction of the service court, the number of members of the legal profession shall be proportionate to the number of members of the individual lawyers ' chambers. The Bureau shall determine the necessary number of legal members. The list of proposals must contain at least one and a half times the number of lawyers required. The further procedure for the appointment of the legal members of the service court is determined by the law of the country. Unofficial table of contents

Section 78 Jurisdiction of the Service Court

The Administrative Court shall decide
1.
in the case of disciplinary matters, including the judge in retirement;
2.
on the translation in the interest of the administration of justice;
3.
in the case of a life-time judge or at the time of the
a)
Invalidity of an appointment,
b)
Withdrawal of an appointment,
c)
Dismissal,
d)
retirement due to invalidity,
e)
limited use due to limited serviceability;
4.
in case of dispute
a)
a measure of change in the judicial organization,
b)
the secondhand of a judge pursuant to section 37 (3),
c)
an order by which a judge dismises on a sample or power order, by which his appointment is withdrawn or the invalidity of his appointment is established or by which he is retired due to incapacity for retirement,
d)
the use of a secondary activity,
e)
a measure of service supervision on the grounds of section 26 (3),
f)
a service or leave of absence from the service.
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Section 79 Law

(1) The proceedings before the service courts shall consist of at least two legal trains. (2) In the cases of § 78 nos. 2, 3 and 4, the parties shall be subject to the revision to the federal court of service in accordance with § 80. (3) The national legislation may be used in the Cases of § 78 No. 1 require the revision to the federal court of service. Unofficial table of contents

Section 80 Revision in the translation procedure and in the examination procedure

(1) The provisions of the administrative court order shall apply in accordance with the provisions of the administrative court order for the revision in the dislocation procedure and in the examination procedure. The representative of the federal interest in the Federal Administrative Court does not have any effect on the proceedings. (2) The revision must always be allowed. (3) The revision can only be based on the judgment on non-application or incorrect application. is based on a legal standard. Unofficial table of contents

§ 81 Admissibility of the revision in the disciplinary procedure

(1) In so far as the national legislation in the disciplinary procedure has provided for the revision to the Federal Court of Service (Section 79 (3)), the revision can only be filed subject to the provisions of paragraph 3 if it is approved by the court of service of the country. has been made. It shall be permitted only if:
1.
the case is of fundamental importance, or
2.
the judgment deviates from a decision of the Federal Court of Service and is based on this deviation.
(2) The non-authorisation of the revision may be appealed independently by a complaint within two weeks of the date of notification of the judgment. The appeal shall be lodged with the court whose decision is to be appealed. In the notice of appeal, the fundamental importance of the case must be set out or the decision of the Federal Court of Service of which the judgment under appeal is different shall be referred to. The lodging of the appeal shall hamper the legal force of the judgment. If the complaint is not remedied, the Federal Court of Service of the Federal Republic of Germany decides by decision. The decision shall not require any justification if the appeal is rejected or rejected unanimously. With the rejection of the complaint by the federal court of service, the judgment becomes final. If the appeal is granted, the period of review shall begin with the notification of the complaint. (3) An authorisation shall not be required if the main defects of the proceedings are not satisfied that:
1.
the discerning court had not been properly staffed,
2.
in the case of the decision, a judge who has been excluded from the exercise of the judge's power by law or who has been successful in refusing to act on grounds of concern has been a judge; or
3.
the decision is not reasoned.
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Section 82 Revisional procedure in disciplinary proceedings

(1) The revision shall be submitted to the court whose judgment is challenged, in writing or by written declaration, within two weeks of the date of notification of the judgment, or after the date of notification of the decision on the approval of the revision. the office of the office and at the latest within two additional weeks. The explanatory statement shall specify the extent to which the judgment is challenged, the amendments made to the judgment and the reasons for the reasons for such amendments. Section 80 (3) shall apply. (2) The Federal Court of Service shall be bound by the actual findings made in the judgment under appeal, unless the admissible and reasonable grounds for revision are brought against these findings. (3) § 144 (1) and Article 158 (1) of the Administrative Court of Justice apply mutationally. The judgment may only be based on the rejection of the revision or the annulment of the judgment under appeal. Unofficial table of contents

Section 83 Rules of Procedure

Disciplinary proceedings, dismissive procedures and examination procedures shall be laid down in accordance with § 63 (2), § 64 (1), § § 65 to 68. The national legislation may impose provisions on the court costs in disciplinary matters of the judges in the national service. Unofficial table of contents

Section 84 Constitutional Court

The national law determines the extent to which this law applies to the members of the constitutional court of a country.

Fourth part
Transitional and final provisions

First section
Amendment of federal law

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§ § 85 to 103 (amendment and repeal regulations)

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Section 104 Referral to repealed provisions

To the extent that other laws and regulations refer to regulations or designations which are repealed by this law, the relevant provisions or the designations of this law shall be replaced by their bodies.

Second section
Transfer of legal relationships

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Section 105 Rules on the leftiation of judges for life and time

(1) Whoever is appointed to a life-time or temporary public service relationship before the entry into force of this law and holds a judge's office as the principal office shall obtain the legal status of a judge for life or on time in the sense of (2) Any person who does not possess the powers of the Judge at the date of entry into force of this Act can only continue to be used in a court of law in accordance with the provisions in force until the entry into force of this Act. (3) Those who after 8 May In 1945 of the transfer of a judge's office, an oath has been provided by the Duty on the performance of the judge's eider (§ 38). Unofficial table of contents

Section 106 Rules on the transfer of judges to the sample, judge by force, and seconded judges

(1) If, on the entry into force of this Act, the duties of a judge in a public service relationship are taken into account in a test, the legal status of a judge shall be given to the test. The time limits in § 12 (2) and § 22 (1) and (2) shall be calculated from the appointment. (2) If a civil servant is charged with the exercise of a judge's office at the time of entry into force of this Act, he shall be entitled to do so until the end of the term of office of the Office. one year after the entry into force of this law. After that, he can only be used in a court of law in accordance with the provisions of this law. Unofficial table of contents

§ 107 (omitted)

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Section 108 (omitted)

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§ 109 Empowerment of the judge

If you are qualified to judge on 1 July 2003, you will be able to retain this qualification. Unofficial table of contents

§ 110 Empowerment for higher administrative service

Those who, until the entry into force of this law, have at least three years of study in law at a university and three years of training in the public service by laying down the statutory examinations the qualifications to be After the entry into force of this law, the higher administrative service may also be appointed as a judge in the constitutional jurisdiction, administrative jurisdiction and social justice. Section 19 (1) (1) shall apply accordingly. Unofficial table of contents

Section 111 Chairperson of the Labour Courts and Social Courts

(1) By the end of two years after the entry into force of this Act, the chairperson of a working court or a social court may also be appointed, who shall be subject to the conditions of Section 18 (3) of the Labour Court Act or Section 9 (2) of the Labour Court Act (Arbeitsgericht). Law of the Social Courts in the version valid until the entry into force of this Act; § 19 (1) no. 1 applies accordingly. The Chairman of a Labour Court can also be appointed as a judge by that date. § 18 (4) and § 19 of the Labour Courts Act shall apply to judges on time in the version valid until the entry into force of this Act. (2) The same shall apply to the appointment as Chairman due to a Land Law pursuant to § 207 (1) of the Social Justice Act. Unofficial table of contents

Section 112 Recognition of foreign examinations and training qualifications acquired abroad

(1) The provisions concerning the recognition of examinations in accordance with the Federal Exalted Act and national law on the recognition of the university focus area examination are not affected by this law. (2) Legal Tests carried out by Germans from the territory referred to in Article 3 of the agreement before the 3. The first state examination pursuant to Article 5 (1) is to be recognised as the first state examination in the German Democratic Republic by agreement under international law with the Soviet Union or with states in Central or Eastern Europe, which are (3) The Law on Professional Qualifications is not applicable. (3) The Act of Professional Qualifications is not applicable. Unofficial table of contents

§ 112a equivalence assessment for the admission to the legal preparatory service

(1) Persons who have a university diploma obtained in a Member State of the European Union, another State Party to the Agreement on the European Economic Area or Switzerland, and who have obtained a university degree in the legal sciences. Access to post-university education for the profession of European lawyer, pursuant to § 1 of the Law on the Activities of European Lawyers in Germany, shall be admitted at the request of the Preparatory Service if their knowledge and skills required by the passed state compulsory examination in accordance with § 5 (2) The examination of the knowledge and skills required under paragraph 1 shall apply to the university diploma and to the evidence submitted, in particular diplomas, certificates, other evidence of formal qualifications and evidence of relevant professional experience. If the examination results in no or only partial equivalence, an aptitude test is carried out on application. (3) The aptitude test is a state examination to be held in German language, which has the necessary knowledge of German law , and to assess the ability to successfully conclude the Legal Preparatory Service. Examination subjects are civil law, criminal law and public law, including the relevant procedural law. The written examination papers must be carried out in those areas of the law referred to in the second sentence of the second sentence, which have not already been verified within the framework of the examination referred to in the first sentence of paragraph 2. (4) The aptitude test has been passed if:
1.
according to the law of the country in which the examination is filed, the number of examination papers required for the existence of the state compulsory examination, but at least half of the number of examinations provided for in the national compulsory examination. Examination papers, passed and
2.
Examination papers shall be carried out in at least two of the areas of law referred to in paragraph 3, second sentence, of which at least one examination shall be carried out in the field of civil law.
If sufficient control of one of the areas of law referred to in the second sentence of paragraph 3 has already been established within the framework of the examination referred to in the first sentence of paragraph 2, the examination proceedings shall be deemed to have existed in that territory. (5) A non-constituent Aptitude test can be repeated once. (6) The determination of equivalence in accordance with paragraph 1 has the effect of a passed first examination within the meaning of Section 5 (1). (7) Applicable to the equivalence test including the Aptitude test is the Landesjustizadministrations or the other according to the national law for the acceptance the competent authorities responsible for compulsory technical examination. In order to carry out these tests, several countries may form a joint audit office by agreement. Unofficial table of contents

§ § 113 to 118 (omitted)

Third Section
Final provisions

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§ 119

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Section 120 Technical Members of the Federal Patent Court

In the case of the Court of Appeal, the Federal Patent Court also qualifies who fulfils the requirements of Section 65 (2) of the Patent Law. Section 19 (1) (1) shall apply accordingly. Unofficial table of contents

Section 120a Special provisions relating to official designations

The provisions of this law relating to the official designations do not apply to the judges of the Federal Constitutional Court. Unofficial table of contents

Section 121 Judges in the Federal Service as members of the legislative body of a country

For the legal status of the judges in the Federal Service elected to the legislative body of a country after 1 June 1978, the rules governing the judges elected to the German Bundestag shall be governed by the provisions of Sections 5 to 7, 23 (5) and 36 (5) of the German Federal Law. Section 1 of the Law of the Members of the European Parliament of 18 February 1977 (BGBl. 297). If, due to his membership in the legislative body, the judge is not entitled to compensation with an imitating character, he shall continue to receive fifty per cent of his/her most recent remuneration; general salary increases after § 14 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) are Unofficial table of contents

Section 122 Public Prosecutors

(1) The public prosecutor can only be appointed who has the competence to judge (§ § 5 to 7). (2) The judicial service within the meaning of Section 10 (1) is the same as a public prosecutor. (3) The prosecutors shall be referred to § 41. (4) In judicial disciplinary proceedings against prosecutors, the courts of judges shall determine the court order. The non-permanent co-sitters must be prosecutors appointed for life. The Minister of Justice of the Federal Republic of Germany appoints the non-permanent members of the Federal Service Tribunal. The appointment of the non-permanent members of the courts of the Länder regulates the national legislation. (5) The first sentence of paragraphs 1 to 4 and the first sentence of paragraph 110 shall apply to the representative of the federal interest in the Federal Administrative Court, the Bundeswehr disciplinary authority, the prosecutors and the state attorneys at the courts of administrative jurisdiction of the Länder; the Federal Minister of Justice orders the non-permanent advisers to the Federal Service Tribunal in agreement with the Federal Ministers responsible. Unofficial table of contents

Section 123 Occupation of professional courts for lawyers

§ 94 (1) and 101 (3) of the Federal Law of the Law of 1 August 1959 (Federal Law Gazans I p. 565) are not affected by this Act. The State Justice Department shall determine the court before which the honorary judges, who are the chairmen of a law court or a court of law, will be obliged to take office. Unofficial table of contents

Section 124 career change

(1) A judge pursuant to Annex I, Chapter III, Section III, Section III, No 8, of the Agreement of 31 August 1990, in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 885), the qualification of the professional judge can, according to his/her appointment to the judge's relationship to life-time in the case of suitability and empowerment with his written consent, on the basis of the civil servant's relationship to the life-time also to the (2) The suitability and competence must be demonstrated by a two-year trial at a public prosecutor's office, and the qualification must be determined in a service assessment. (3) In the service assessment referred to in paragraph 2, the Suitability and competence shall not be established, the judge shall be held in the office conferred upon him. (4) The provisions of paragraphs 1 to 3 shall apply to a public prosecutor who, pursuant to Annex I, Chapter III, Section A, Section III, point 8, point (z), (cc) of the agreement of 31 August 1990, in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 885), who has the capacity to become a public prosecutor and who is appointed to the public prosecutor by appointment to the civil service, is appointed as a judge in accordance with the law. During the trial of the State Attorney General, Judges are called the "Prosecutor". Unofficial table of contents

§ 125 (omitted)

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Section 126 Entry into force

This Act shall enter into force on 1 July 1962. § § 114 and 116, however, are already in force on the day after the announcement. Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter III, Sachgebiet A, Sections III and IV
(BGBl. II 1990, 889, 929, 939)
Section III
-measures for the five countries that have joined (Art. 1 (1) EinigVtr)-
Section IV
-measures for the Land of Berlin-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, subject to the special arrangements applicable to the Land of Berlin in Section IV of the Treaty referred to in Article 3 of the Treaty:
...
8.
German Judicial Act as amended by the Notice of 19 April 1972 (BGBl. 713), as last amended by Article 4 of the Law of 26 June 1990 (BGBl I). I p. 1206), with the following measures:
a)
to x) (not to be used)
y)
For the territory referred to in Article 1 (1) of the Treaty, the following rules shall apply:
aa)
up to (ii) (no longer applicable)
jj)
A conclusion acquired at the University of Potsdam-Eiche or a comparable institution shall not be entitled to the admission of a legal profession regulated by law.
z)
The following shall apply to prosecutors:
aa)
and bb) (no longer applicable)
cc)
In other respects, the measures a), b), c), e), h), k), p), q), v), w), y) aa), y) bb), y) ee), y) ff) and y) jj) apply analogously to the same.
...
28.
(no longer apply)


Section IV
...
3.
The following provisions shall apply in the Land of Berlin for the following provisions referred to in Section III: ... (b) (no longer applicable) ...
j)
(no longer apply)
...

Footnote

Sect. III No. 8 (i) italic printing: no longer to be applied in accordance with the provisions of this Regulation. Section 17 (1) (e) in accordance with d. § 14 G v. 26.6.1992 I 1147 (RpflAnpG) mWv 1.7.1992