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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The law on the introduction of cost assistance to third parties in proceedings before the European Court of Human Rights (EGMR-Cost Aid Law-EGMRKHG)

Table of Contents

EGMRKHG

Date of Date: 20.04.2013

Full quote:

" EGMR-Cost-Aid Act of 20. April 2013 (BGBl. 829), as provided for in Article 148 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Modified by Art. 148 V v. 31.8.2015 I 1474

See Notes

Footnote

(+ + + Text Evidence: 25.4.2013 + + +)

for more details on the stand specification. G was referred to as Article 1 of the G v. 20.4.2013 I 829 approved by the Bundestag. It occurs gem. Article 3, first sentence, shall enter into force on 25.4.2013. Non-official table of contents

§ 1 Conditions; Procedure

(1) In proceedings before the European Court of Human Rights, a third party shall be held in If
1.
the complaint submitted by the Federal Republic of Germany from the Court of Justice to the Court of Justice for its opinion, ,
2.
a)
the President of the Court the third person concerned has requested, in accordance with Article 36 (2) of the European Convention on Human Rights, to give an opinion in writing or to take part in the oral proceedings, or
b)
the third party's request to comment on or take part in the oral proceedings, in accordance with Article 36 (2) of the European Convention on Human Rights,
aa)
succeeded or
bb)
View of success and is not willingly
3.
the third party, in accordance with their personal and economic circumstances, does not pay the costs of the proceedings, only in part or in part
§ 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 The Code of Civil Procedure should be applied in accordance with the current version. The Federal Office of Justice (Bundesamt für judiciary) is replaced by the court. 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. Non-official table of contents

§ 2 Approval

(1) The granting of cost assistance means that the third party concerned is responsible for expenses and for Fees incurred by her for a legal councillor are paid from the Bundeskasse a financial aid. 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.(2) If the approval of the cost aid is used to fix rates or amounts to be paid out of the assets, they shall be paid to the Federal Office.(3) The granting of cost assistance to a third party shall continue to apply in the proceedings before the Grand Chamber. Non-official table of contents

§ 3 Setting; Regulation empowerment

(1) The cost assistance includes travel and subsisting costs, and other the necessary expositions to be incurred by the third party concerned and the person appointed to the legal councage.(2) The Federal Ministry of Justice and Consumer Protection is authorized to determine, by means of a regulation without the consent of the Federal Council, the amount of the refund amounts for fees and expenses in accordance with the tariffs which are to be determined by the Federal Ministry of Justice and the Federal Republic of Germany. The Rules of Procedure of the European Court of Human Rights shall apply. 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 activities of the lawyer are limited to the position of the application for third party participation, a quarter of the lump sum is to be provided.(3) The Federal Office of Justice shall determine the amount of the cost assistance as soon as the third person concerned has stated that the fees or expenses 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. Non-official table of contents

§ 4 Appliants

(1) The immediate appeal against the decision on the cost aid is based on the rules of the 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 Board of Appeal. § 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 Landgericht (Regional Court), in whose district the Federal Office of Justice has its seat, decides on the appeal.