Law On The Introduction Of Aid For Affected 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 aid for affected third parties in proceedings before the European Court of human rights (ECHR cost Assistance Act EGMRKHG) EGMRKHG Ausfertigung date: 20.04.2013 full quotation: "COURT costs Assistance Act of April 20, 2013 (BGBl. I p. 829), by article 148 of Decree of 31 August 2015 (BGBl. I p. 1474) is changed" Note: amended by art. 148 V v. 31.8.2015 I 1474 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 25.4.2013 +++) this G as article 1 of the G v. 20.4.2013 I 829 of the Bundestag decided. It according Article 3 clause 1 on the 25.4.2013 into force.

Section 1 requirements; Procedure (1) in proceedings before the European Court of human rights is a third in their human rights data subject to request aid granted if 1 the complaint has been posted to the Federal Republic of Germany by the Court of Justice for an opinion 2. either a) the President of the Court of Justice of a third person in accordance with article 36 paragraph 2 of the European Convention of on human rights has urged to respond in writing or to take part in the oral proceedings , or b) the request third-party, to accept paragraph 2 of the European Convention of human rights position in accordance with article 36 or to take part in the hearing, aa) was successful or bb) prospect of success and is not malicious and 3rd third person their personal and economic circumstances the costs of the proceedings, can muster only partially or only in installments.
(2) in relation to conditions and procedures of cost assistance grant are the sections 115, 116, 117 paragraph 1 sentence 1 first half-sentence, sentence 2, paragraph 2 sentence 1, § 118 paragraph 2, § 120 paragraph 1, 3 and 4, and article 124 of the code of civil procedure in the amended according to to apply. The Federal Office of Justice takes the place of the Court of process. The third person must use application forms, which have been introduced in accordance with section 117, paragraph 3, of the code of civil procedure for the Declaration of the personal and economic conditions.

Article 2 approval (1) the granting of aid causes a financial aid to be paid to third-person for expenses and fees incurred by you for a lawyer, from the federal Treasury. Legal counsel can be a person in addition to a legal Attorney, who is admitted in proceedings before the European Court of human rights by the President of the Chamber as a representative.
(2) with the approval of the aid rates or amounts to be paid from the assets provided that these are to make to the federal Treasury.
(3) the grant of aid for a third person continues to apply in the proceedings before the Board.

Article 3 setting; Authority to issue regulations (1) the aid includes the travel and subsistence costs, as well as other necessary expenses incurred by third-person and of the person appointed to their legal counsel.
(2) the Federal Minister of Justice and Consumer Affairs is authorized to determine the reimbursement amounts for fees and expenses in accordance with the tariffs that apply according to the rules of procedure of the European Court of human rights by Decree without the consent of the Federal Council. For procedures that are simple in fact and law and the scope of which is below average, a reduction in the reimbursement amounts can be provided here. In the event that the activity of the lawyer confined to the submission of the application on third-party involvement, one-quarter of the lump sum must be provided.
(3) the Federal Office of Justice sets the amount of aid, if the third person has stated, that the fees or expenses are due. If the third person contrary to expectations not to pay a fee be required or no expenses, is the aid be paid back immediately.

Section 4 takes place the immediate appeal appeals (1) against the decision on the aid according to the rules of civil procedure, decides that the appeal court by one of its members as a single judge. The period of grace of § 569 paragraph 1 sentence 1 of the code of civil procedure is one month. The complaint may be lodged by declaration to the Court of Office of the Court of appeal. Section 572, subsection 1, of the code of civil procedure is to apply subject to the proviso that the Federal Office of Justice decides the remedy.
(2) the District Court, in whose district, the Federal Office of Justice has its seat shall decide on the appeal.