Law on the introduction of cost assistance to third parties in proceedings before the European Court of Human Rights

Original Language Title: Gesetz zur Einführung von Kostenhilfe für Drittbetroffene in Verfahren vor dem Europäischen Gerichtshof für Menschenrechte

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Law on the introduction of cost assistance to third parties in proceedings before the European Court of Human Rights (EGMR-CostAid Act-EGMRKHG)

Unofficial table of contents

EGMRKHG

Date of completion: 20.04.2013

Full quote:

" EGMR-Cost Aid Act of 20 April 2013 (BGBl. 829), which is provided for by Article 148 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Note:

Amended by Art. 148 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 25.4.2013 + + +)

This G was decided by the Bundestag as Article 1 of the G v. 20.4.2013 I 829. It occurs gem. Article 3, first sentence, shall enter into force on 25.4.2013. Unofficial table of contents

§ 1 Conditions; Procedure

(1) In proceedings before the European Court of Human Rights, a third person concerned in her human rights shall be authorised, on application, to provide cost assistance where:

1.

the complaint has been sent by the Federal Republic of Germany to the Court of Justice for its opinion

2.

either

a)

the President of the Court of Justice has requested a third party subject, in accordance with Article 36 (2) of the European Convention on Human Rights, to give a written opinion or to take part in the oral proceedings, or

b)

the request by the third party concerned to express an opinion or take part in the oral proceedings, in accordance with Article 36 (2) of the European Convention on Human Rights,

aa): has been successful or
bb): the prospect of success and is not willingly, and

3.

the third person concerned, in accordance with their personal and economic circumstances, cannot bear the costs of the proceedings, only in part or only in installable cases.

(2) § § 115, 116, 117 (1) sentence 1, first half sentence, sentence 2, paragraph 2 sentence 1, § 118 (2), § 120 (1), (3) and (4) and § 124 of the Code of Civil Procedure are in each case in each case in respect of conditions and procedures for granting the costs. shall apply accordingly. The Federal Office of Justice will be replaced by the court of justice. The third party concerned must use the forms that have been introduced for the declaration of personal and economic conditions in accordance with § 117 (3) of the Code of Civil Procedure. Unofficial table of contents

§ 2 Authorisations

(1) The granting of cost assistance shall ensure that the third party concerned is paid a financial assistance from the Bundeskasse for expenses and fees incurred by the person concerned for a legal councillor. In addition to an approved lawyer, legal counsel may also be a person who is admitted as a representative in the proceedings before the European Court of Human Rights by the President of the Chamber as a representative. (2) Beca the granting of the cost assistance The payment of amounts to be paid from the property is to be paid to the Bundeskasse. (3) The granting of cost assistance to a third party shall continue to apply in the proceedings before the Grand Chamber. Unofficial table of contents

§ 3 Setting; Regulation empowerment

(1) The cost allowance shall include travel and subsisting expenses and other necessary expenses incurred by the third party and the person appointed to the lawyer. (2) The Federal Ministry of Justice and Consumer Protection shall be responsible for: Authorizes, without the consent of the Federal Council, the determination of the amount of the refund amounts for fees and expenses in accordance with the tariffs applicable under the Rules of Procedure of the European Court of Human Rights without the consent of the Bundesrat. For procedures which are simple in actual and legal terms and whose size is below average, a reduction of the refund amounts can be provided. In the event that the activity of the lawyer is limited to the position of the application for a third party participation, one quarter of the flat rate amount shall be provided. (3) The Federal Office of Justice shall determine the amount of the cost assistance as soon as the the third person concerned has indicated that the fees or charges are due. If the third party concerned should not be obliged to pay a fee or have no expenses, the cost aid should be repaid immediately. Unofficial table of contents

§ 4 Legal remedy

(1) The immediate appeal against the decision on cost assistance shall be in accordance with the rules of the Code of Civil Procedure, on which the appeal court decides by one of its members as a single judge. The emergency period of § 569 (1) sentence 1 of the Code of Civil Procedure shall be one month. The complaint may also be lodged by declaration on the minutes of the Office of the Appeal Court. § 572 (1) of the Code of Civil Procedure is to be applied with the proviso that the Federal Office of Justice decides on the remedy. (2) The District Court, in whose district the Federal Office of Justice has its seat, decides on the appeal.