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Mecklenburg-Vorpommern 99030023061002, 99030023061002 Typ 4

Inhalt

Leistungsschlüssel

99030023061002, 99030023061002

Leistungsbezeichnung

Honorary judgeship at the administrative court

Leistungsbezeichnung II

nicht vorhanden

Leistungstypisierung

Typ 4

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung und Detail

Leistungsgruppierung

Bürgerengagement (030)

Verrichtungskennung

Bestellung (061)

Verrichtungsdetail

at the administrative court

SDG Informationsbereiche

nicht vorhanden

Lagen Portalverbund

nicht vorhanden

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

08.08.2007

Fachlich freigegeben durch

This text was released by the Ministry of Justice of Mecklenburg-Vorpommern

Handlungsgrundlage

  • Article 97 (1) of the Basic Law (GG)
  • § Section 5 of the Administrative Court Code (VwGO)
  • § Section 9 of the Code of Administrative Court Procedure (VwGO)
  • § Section 10 of the Code of Administrative Court Procedure (VwGO)
  • §§ Sections 19 et seq. of the Code of Administrative Court Procedure (VwGO)
  • § Section 44 et seq. of the German Judges Act (DRiG)
  • § Section 10 of the M-V State Judges Act (LRiG)
  • §§ 5 ff JEVG
  • §§ 15 ff JVEG

Teaser

nicht vorhanden

Volltext

The participation of honorary judges in the administration of justice is an essential element of German jurisdiction. It is of great importance as a practical implementation of the principle of democracy. The honorary judges should bring the experience, knowledge and values they have gained in their daily, professional and social experience, knowledge and evaluations gained in their daily, professional and social and joint deliberations and thus meaningfully complement the more legalistic perspective of the professional judges.

In Mecklenburg-Vorpommern, the administrative courts are made up of judges at the administrative courts in Schwerin and Greifswald and at the Greifswald and at the Higher Administrative Court based in Greifswald. The administrative courts have local jurisdiction for administrative law disputes from the district assigned to them. district assigned to them. The chambers of the administrative courts courts are generally composed of three professional judges and two honorary judges. honorary judges. In the case of decisions outside the oral hearing (e.g. in summary proceedings for interim legal protection), in the case of court and in proceedings that have been assigned to the single judge, the honorary judges to the single judge, the honorary judges do not participate. The same applies if the parties to the proceedings agree to a decision by the presiding judge or the appointed appointed rapporteur and the professional judge concerned makes use of this declaration. professional judge makes use of this declaration.

At the Higher Administrative Court of Greifswald, which primarily acts as an court of appeal, but in certain areas also acts as a court of first instance, honorary court of first instance in certain areas, honorary judges participate in cases in which the Higher the Higher Administrative Court acts as a court of appeal. At the the Federal Administrative Court established at federal level and based in Leipzig. Leipzig.

Like professional judges, honorary judges are only subject to the law. subject to the law. They are not subject to any orders or instructions when instructions and are bound to absolute neutrality. In the oral hearing and in reaching a verdict, they have the same rights and the same same responsibility as professional judges.

TIP: Detailed information on the appointment and legal status of legal status as an honorary judge may also be available on the on the website of the Ministry of Justice of Mecklenburg-Vorpommern: www.mv-justiz.de

Erforderliche Unterlagen

nicht vorhanden

Voraussetzungen

The honorary judge must be German. He or she must be 25 years of age and reside within the judicial district.

Excluded from office is anyone who

  • is disqualified from holding public office as a result of a judicial decision public office or against whom charges have been brought for an offense which may result in the loss of this capacity,
  • has been sentenced to more than six months' imprisonment for an intentional offense has been sentenced to more than six months,
  • does not have the right to vote for the Landtag.

NOTE: Persons who have fallen into financial difficulties should not be not be appointed as honorary judges.

Due to the principle of separation of powers, the following may not be appointed as honorary judges cannot be appointed:

  • Members of the Bundestag/Landtag
  • Members of the European Parliament
  • Members of the federal or state government
  • Judges, civil servants and employees in the public service, insofar as they are not working in an honorary capacity
  • Professional soldiers and temporary soldiers
  • Lawyers, notaries and persons who handle third-party legal matters on a professional basis

Kosten

nicht vorhanden

Verfahrensablauf

The honorary administrative judges are appointed by the election committee for a period of five years from nomination lists of the administrative districts and independent cities. elected.

The President of the Administrative Court determines the required number of of honorary judges in such a way that each judge is expected to attend to a maximum of twelve ordinary sitting days per year. Special Special expertise or prior knowledge is not required.

Bearbeitungsdauer

nicht vorhanden

Frist

nicht vorhanden

Weiterführende Informationen

nicht vorhanden

Hinweise

The honorary judge is generally obliged to accept the office obliged to accept the office.

Appointment to this office can only be refused in exceptional cases. be refused. The following are entitled to do so:

  • clergymen and ministers of religion
  • lay judges and other honorary judges
  • Persons who have served two terms of office as an honorary judge at courts of general administrative jurisdiction for two terms of office
  • Doctors, nurses, midwives, pharmacy managers who do not employ another pharmacist employ another pharmacist
  • Persons who have reached the age of 65

NOTE: In cases of particular hardship (e.g. infirmity, predominantly working abroad or in need of care for underage children children) can be exempted from taking up the post on application. The decision is made by the competent senate of the Administrative Court.

Honorary judges receive compensation for their work in accordance with the Judicial Remuneration and Compensation Act (JVEG). This includes

  • Reimbursement of travel expenses,
  • Compensation for expenses,
  • compensation for other expenses,
  • compensation for lost time,
  • compensation for disadvantages in housekeeping and
  • compensation for loss of earnings.

Rechtsbehelf

nicht vorhanden

Kurztext

nicht vorhanden

Ansprechpunkt

nicht vorhanden

Zuständige Stelle

for the election of honorary judges at the Administrative Court: an consisting of the President of the Administrative Court, an administrative official appointed by the appointed by the provincial government and seven members of the elected by the Landtag

Formulare

nicht vorhanden