JURISTENAUSBILDUNGSGESETZ NRW PDF
Gesetz über die juristischen Prüfungen und den juristischen Vorbereitungsdienst (Juristenausbildungsgesetz Nordrhein-Westfalen – JAG NRW) of Gesetz ueber die juristischen Pruefungen und den juristischen Vorbereitungsdienst (Juristenausbildungsgesetz Nordrhein-Westfalen – JAG NRW) of Related Forms – NRW. REGISTRATION FORM BULLETIN DINSCRIPTION EINSCHREIBEFORMULAR Participan: REGISTRATION FORM BULLETIN.
|Published (Last):||20 March 2011|
|PDF File Size:||3.15 Mb|
|ePub File Size:||9.67 Mb|
|Price:||Free* [*Free Regsitration Required]|
Documents Flashcards Grammar checker. Research coordinated and edited by: Giuseppe Di Federico In partnership with: Research Centre for Judicial Studies CeSROGUniversity of Bologna, Italy “The law as juristenasubildungsgesetz cannot be better than the judge who expounds it […] the best organization of the courts will be ineffective, if the judges who man it are lacking the necessary qualifications” Arthur T.
Langbroek ………………………………………………………… 6. In analysing and comparing those features in various judicial systems, the values of independence and impartiality are in many ways revealed in their multifaceted aspects. In fact, the higher the jursitenausbildungsgesetz guarantees of professional qualifications in the various systems, the higher also are the guarantees of independent and impartial behaviour of the judge insofar as his technical preparation and his deeply rooted professional values make him far less likely to be receptive to improper juristenausbildunhsgesetz influences.
Furthermore the empirical analysis of who does what and how in performing those functions in the various judicial systems the Ministry of justice, the judicial councils, elected representatives of the judiciary, the judicial hierarchy, etc. The comparative analysis of the solutions adopted by the six countries also provides basic information needed to evaluate important features of the relation between judicial independence and judicial accountability: As the reader of the papers here published will readily notice the six judicial systems do present often noticeable differences concerning all the aforementioned issues.
VI Preface The desire to acquire factual data on those crucial aspects of the judicial systems was certainly one of the primary motivation in our decision to conduct a research on the recruitment, professional evaluation, career and discipline of judges and prosecutors in six countries of Continental Europe with a consolidated democratic tradition.
However there are other and no less important reasons. Among the recognized goals of the European Union one can certainly list the promotion of a greater homogeneity of the judicial systems of the various member states as a premise for a grater reciprocal trust and a more efficient cooperation in the judicial area. The guarantees of professional qualifications of judges and prosecutors resulting from their recruitment, initial and continuing education, professional evaluation and discipline provided for by the various member states certainly are of primary importance for the promotion of those goals.
Goals that in order to be effectively promoted necessitate not only the formal but also the factual knowledge of the actual performance of the various member states in carrying out those functions. Unfortunately, the empirical study of those and other functions that contribute to the effective and efficient working of the judicial systems is substantially extraneous to the academic traditions of Continental Europe. The same difficulties that he encountered in collecting the relevant data he needed to write his paper were encountered, in various degrees, also by the authors of the papers concerning Austria, France, The Netherlands and Spain.
None of them could rely on previous empirical research done in their respective countries on the same subject or some aspects of it. However, to my knowledge, such research activities have not lead so far to the creation of institutions composed of qualified researchers engaged full time in the study of the actual working of judicial systems nor have they led to the inclusion of such a subject in the teaching curricula of universities.
The only exception in Continental Europe that I know of is to be found in Bologna1. Three different courses dealing with judicial Recruitment, Professional Evaluation and Career of Judges VII difficult to find European scholars and members of the judiciaries who are dedicating their scholarly attention to the actual working of selected segments of their judicial systems and that are willing to collaborate in research undertakings of a comparative nature in the field of judicial administration2.
Recruitment, Professional Evaluation and Career of Judges
It seem to me reasonable to attribute such a change of attitudes to the greater and more diffused awareness of the increasing social, political and economic relevance that the effective and efficient working of the judicial systems has progressively acquired in all countries in recent decades.
The six national reports on recruitment, career, professional evaluation, and discipline published in this volume are to be considered a provisional but substantial version of a research work that still needs to be refined and integrated in varying measure for the different countries. The decision to publish the reports as they are is not only due to the consideration that they already represent in their present form a valid and novel contribution to the knowledge of a relevant aspect of the actual working of the judicial system of six European countries.
By making this work available in print and through our web site3 to a qualified European audience such as Ministries of justice, members of judicial councils, interested scholars, etc. Our limited financial resources did not allow us to conduct our research in more than six European countries. Obviously the choice was not made at random but with the end in view of maximizing, as much as possible, the scientific and practical implication of our work in a European perspective.
It seemed to me convenient to restrict the choice to continental European judicial systems whose judicial corps have characteristics which are quite similar but at the same time systems are offered yearly at the University of Bologna: So, just to quote our most recent comparative research activities, we were able to conduct with the contribution of national rapporteurs various studies: Fabri, F, Contini ed. In fact in the United Kingdom and Ireland judges are chosen from among experienced lawyers to fill specific judicial positions and there is no formal system of judicial career and professional evaluation while in service.
Quite different the status of judges and prosecutors predominant in continental European countries. This model of selection is based on the assumption that judges and prosecutors thus recruited will develop their professional competence and will be culturally socialized within the judiciary, where they are expected to remain for the rest of their working lives, moving along career ladders whose steps are based on successive evaluations which in various ways take into account seniority and professional merit.
Moreover, newly appointed judges and prosecutors are not recruited to fill permanently specific judicial functions but rather to fill indifferently the vacancies existing at the first level of jurisdiction and, when promoted, they are expected, once again, to fill indifferently the existing vacancies in the judicial positions reserved to the higher level of the career. In other words the judicial corps of the countries of continental Europe follow to a large extent the same organizational model of the higher echelons of public bureaucracies to a certain extent they both share the same basic regulations regarding their status.
If on the one hand the judiciaries of continental Europe share the same organizational model, on the other they use quite different means of recruitment, initial and continuing education, professional evaluation for the career, and discipline. Furthermore they differ considerably regarding the scope of the generalistic approach to role assignment4.
The fact that the judicial corps of the six countries we have chosen to study have in general a common organizational model allows for more profitable comparisons. The fact that the same general model is activated by using different organizational means allows to use the comparisons also for assessing their respective efficacy. Furthermore, such an assessment can certainly be relevant also for those that operate in the other judicial systems of continental Europe not considered in this study but sharing the same general organizational model for their judicial corps.
It allows them to revisit critically and step by step the guarantees of professional qualifications of their judges and prosecutors offered by their own judicial system in the light of the solutions adopted by six continental European countries of long standing democratic traditions. It is far less great in countries like Germany not only because judges and prosecutors belong to different corps but also because judges are specifically recruited for and assigned to specific branches of the ordinary justice system.
Recruitment, Professional Evaluation and Career of Judges IX A few words on the way this research was initiated and conducted. I first prepared a detailed research outline to be followed in all the national reports the text of this document is published in the appendix to this volume. The outline was then discussed in a meeting with all the national rapporteurs.
Thereafter I organized various meetings with them to discuss the content of their research work and the various, successive versions of their papers. My sincere thanks go also to Domenico Piscitelli who has provided us with technical assistance in preparing the text of the papers for this publication. Georg Stawa1 – 1.
Recruitment, Professional Evaluation and Career of Judges
Under Austria’s federal constitution, jurisdiction is exclusively the responsibility of the federal state. The court system is laid down by federal 1 2 3 4 Georg Stawa has been an Austrian judge since Assigned to the Ministry of Justice, Vienna, he is a member of unit PR 1 general coordination and PR 6 juristenausbildungsgeeetz law and personnel controlling. See also section 2.
In independent tribunals “Independent Administrative Boards” were established in each Bundesland and have – amongst others – the task of reviewing decisions of administrative authorities that impose administrative penalties fines and terms of imprisonment.
These tribunals took up work juristenausbildungsfesetz Since the Independent Administrative Boards have provided legal protection against administrative decisions.
Applicants have to address their appeals first to an Independent Administrative Board, in juristenauwbildungsgesetz that are juristenausbildungsgesetzz its competence.
An appeal against the ruling of the board can be lodged with the courts of public law. Vienna District Courts Figure Organization of the Judiciary Ordinary courts are courts which have civil and criminal jurisdiction. There are four levels and they include: Juristenausbildungsgesefz assize courts “Geschworenengerichte”acting within first instance courts; 4.
Juristenausbildungsgesrtz courts and first instance courts courts of first instanceas a rule, cover both civil and criminal cases. Exceptions to this rule are the following: The reason for establishing these special courts in Vienna as well as in Prague and other major cities of the former Austro-Hungarian empire was a historical one, given the importance of having such courts in business centers, and the capitals of the former Austro-Hungarian empire have always been business centers too.
This juristenausbildungsgezetz was not motivated by a question of caseloads, as there have always been enough special commercial cases for a whole court to deal with.
Commercial cases outside the jurisdiction of these two courts are dealt with by district courts and first instance courts; 2. Special district courts and special courts of first instance in Vienna a first instance court for civil cases and one for criminal cases and in Graz for both civil and criminal cases ; 3.
A separate juvenile court “Jugendgericht Graz” in Graz; it is responsible for juvenile civil and criminal cases; 7 4. A special labour and social tribunal “Arbeits- und Sozialgericht” acts as a court of first instance in Vienna in disputes arising from labour relations and certain branches of the social insurance system.
All special courts were set up because of a need for specialisation rather than as a result of caseloads8. It should also be noted that civil cases include contentious and non-contentious cases. A special juvenile juristenaubildungsgesetz “Jugendgerichtshof Wien” in Vienna, acting as a court of first instance and as a district court, and responsible for handling cases in certain sections of civil and criminal jurisdiction was closed on the 1st of July It is competent to institute proceedings in the case of offences subject to public prosecution and, in particular, to represent the Public Prosecutor’s Office.
Furthermore, there are senior public prosecutors at courts of second instance, and the Attorney General and deputies at the Supreme Court. In the exercise of their duties, the members of the public prosecution offices are independent of the courts to which they are appointed. Public prosecutors at courts of first instance are subject to directions from senior public prosecutors, while the latter and the Attorney General at the Supreme Court are subject to directions from the Federal Ministry of Justice for example juristenausbildunvsgesetz Minister of Justice may instruct a senior public prosecutor to instruct the public prosecutor of a particular case to appeal against the sentence.
In civil cases their cooperation is necessary, among other things, in cases concerning legitimacy, marriage and declarations of death. They are permanent appointed, recruited and trained by the presidents of the courts of appeal, as are clerks.
First it is necessary to complete a law degree – which lasts approximately five years on average – in one of five universities. The initial training for judges and prosecutors is the same, as the prosecutors are recruited from the body of judges see 2. The main goal of this practice is to enable trainees to become familiar with the daily business of the courts, doing preparative work for the judge they are assigned to, and attending trials, as well as participating as a typist of court in criminal nuristenausbildungsgesetz.
A period of time spent at a public prosecution juristenausgildungsgesetz or a prison is also possible under some circumstances. There are also regular training-courses offered to court-trainees, especially in civil and criminal law.
Every supervising judge has to evaluate the trainees by giving a detailed report at the end of the three month placement, detailing the abilities, activities and the personality of the trainee. This means that at least three different judges acting as supervisors during the nine months of court-practice draw a very accurate picture of each potential new judge. This training is mandatory for anyone wishing to join one of the classic legal professions lawyer, notary, judge, public prosecutor.
After this court-practice, qualifying for the professions of judge, lawyer and notary follows different routes. Gabriele Bajons, JMZ Law graduates who wish to follow the judge preparation service -and ultimately to be appointed as a judge – have to apply for a post as a judge office candidate.
Under the law, the President of the Court of Appeal12 proposes the applicants to the Federal Ministry of Justice for an appointment as judge office candidates, after checking that the requirements are fulfilled. Successful applicants are those who are deemed to be most suitable for the profession of judge. There is no appeal against the decision of proposal, selection and appointment as a judge office candidate by the applicants: By law the Minister of Justice is not obliged to uphold the proposals of the president of the court of appeal.
But in practice only those proposed by the president of the court of appeal are appointed as judge office candidates. Additional exams in civil and criminal matters, set by judges who examine the training courses offered, are also common practice.
Moreover the president has, personally or delegated to entrusted judges, an interview13 with the applicant, to check the suitability of applicants and to get an impression of their personality. Last but not least, the candidates have to undergo a health-check.