Assessor and Assessorin (from the Latin assessor or adsessor "Beisitzer, Gehilfe (in the office)"; abbreviations: Ass. , Assess. ) Is a professional and service designation in Germany , for example as a government assessor , study assessor , legal assessor ( Assessor iuris ), mountain assessor , Fire assessor or building assessor .
The designation must be led by academics who for a university degree and the first state examination (state examination) and the completion of the state preparatory service ( clerkship ) the second state examination (for lawyers also Assessorexamen called obsolete: Akzeß , Akzess ) have filed or on runways who do not require a first state examination, who have passed the Grand State Examination for Higher Service . You have thus acquired the career qualification for the higher service (highest career group of civil servants in the public service ), lawyers also the qualification for judicial office .
As official title , the title is Assessor of officials of the higher service before awarding of the first Office (formerly, so during the trial period the Councilor called) out (see also Regierungsrat ). In most of Germany's federal states (in Baden-Württemberg only in careers with a specialty ), however , probationary officials now use the name of the incoming office .
The job title Assessor is also used by people who have passed the relevant career examinations but do not have the status of civil servants, provided that the respective examination regulations permit this, but then with the addition of the career (e.g. assessor for teaching ).
According to the Lower Saxony Civil Service Act (NBG), which came into force on April 1, 2009, the appointment as assessor in Lower Saxony - with the exception of lawyers - will in future either take place via the preparatory service (legal clerkship) completed with a passed examination (second state examination) or with proof of at least three years of professional experience that may have been acquired within or outside the public service (§ 14 NBG, access to careers). The age limit for appointment as assessor in Lower Saxony is 45 years. The professional requirement for the appointment is a master’s degree "or a comparable university degree" (Magister, diploma). The NLVO education has existed for teachers since July 1st, 2010.
The term assessor is supplemented by a component that indicates the subject area or type of career, although there may be individual differences depending on the country. The largest professional groups with the title of assessor are lawyers and high school teachers:
- To use the professional title Assessor des Rechts (Ass.iur.) Or Legal Assessor is, for example according to § 10 of the Lower Saxony Lawyer Training Act (NJAG), according to § 61 of the Jurist Education Act of North Rhine-Westphalia (JAG NW) or § 47 Paragraph 1 of the law on The reorganization of Bremen's legal training (BremJAPG) authorizes anyone who has passed the second state examination and thus acquired the qualification for judicial office . He is also known as a “fully qualified lawyer”. In the past, the term assessor of rights was also common, with the plural referring to the fact that, in addition to secular law, canonical law was also the subject of training and examination. The title of assessor is often used by lawyers and staff in scientific institutions. Officials on probation with the official title of Government Assessor (RegAss., RAss .; see Government Council ) are in the higher general administrative service of the federal or state level, Administrative Assessors ( Assessor of the Administrative Service ; VerwAss .; see Administrative Council ) in public institutions that are not directly involved in state administration belong, for example, to corporations under public law such as municipalities, or, depending on the country, have completed a special administrative clerkship (e.g. for economists and administrative scientists). The previous title of court assessor (GerAss.) Is replaced by Richter rsp. Public prosecutor (on probation) has been replaced.
- Assessor of the teaching qualification (Ass. D. L., A. d. L.) or Lehramtsassessor (LAss.) Is the professional title of teachers who, after (mostly) a two-year teaching internship and passing the second state examination, qualify for higher education at grammar schools or professional Schools have acquired. The title is used by both salaried and non-school teachers. The official title of Studienassessor (StudAss., StudAssess., StAss., Baden-Württ .: StA) is used by teachers if they have been accepted into the public school service as probationary civil servants. In some countries (not in Baden-Württemberg) these teachers were also called A. (for employment) named. However, this civil service relationship has been abolished. After three to five years, they are appointed for life with the official title of teacher . For recruitment from 2009 onwards, the regulation for the higher school service no longer applies, where teachers become university councilors upon recruitment.
- Assessor of the archives service or before 1972 assessor of the archives (completion of the archival state examination of the archive school Marburg ) (archive assessor, AAss)
- Assessor of the Agricultural Service (Agricultural Assessor; LandwAss.)
- Assessor in the fire service (fire assessor; BrandAss.)
- Forest Service Assessor (Forest Assessor; FrstAss., Forest Ass., Forest Ass., Forest Assess.)
- Assessor of the building subject (Bauassessor - BAss., BauAss., Bauass., Bauassess .; see a .: Construction and technical clerkship !), Also: Assessor of urban development (town planning assessor) and assessor of state maintenance (state maintenance assessor): in Baden-Württemberg and Bavaria instead : Government Builder
- Assessor of surveying and real estate affairs (Vermessungsassessor; VermAss.)
- Assessor of the mountain subject (Bergassessor; BergAss., Bergass., Bergassess.)
- Patent assessors: This is the name of people who have passed the patent attorney examination, but are not self-employed , but work , for example, in the patent department of a company or at the patent office as examiners or patent judges.
- Assessor of the administrative service (administrative assessor; VerwAss.)
- Notarassessor (NotAss.)
- In various Protestant churches in Germany the (synodal) assessor is the deputy of the superintendent .
Special feature: The professional title of Württembergischer Notarassessor is reserved for Württemberg district notaries ; But it is not a matter of a career of higher, but of superior service . The corresponding official titles are notary representative and district notary.
According toCriminal Code, imprisonment of up to one year or a fine can be imposed for illegally using titles. Whether the title of assessor also falls under this paragraph is disputed because it is neither a university degree nor a protected official title.
The title assessor was originally only used by lawyers. It comes from late Roman law and was borne by the emperor's advisors in his jurisdiction. Since the Middle Ages and the early modern period, this was the name given to people who spoke law at the Reich Chamber of Commerce and the Reichshofrat , at the regional courts and at the law faculties of universities.
Court judges, for example, were the assessors at court courts that were formed in the Middle Ages under the presidency of the king or a prince or a representative; they existed until 1806.
The chamber court assessor was an assessor of the highest judge (chamber judge) at the Reich Chamber Court , which was established in 1495 and also existed until 1806. When the Senate principle was introduced in the 16th century with the aim of distributing business, he was a member of the Senate. Since the 16th century, applicants for the office of assessor had to write trial relations (see: Relationstechnik !) In order to prove their ability for this task. The assessors at the various courts often only worked for a limited time.
In the 18th century, the state examination was first introduced in Prussia and, following its example, in most of the other German territories as well as a prerequisite for admission to the judicial service (Prussian legal clerkship model) . The trial relations as evidence of the professional qualification of the trainee lawyers were retained.
In the 19th century (for the first time in Prussia with the law of May 6, 1869) lawyers who had completed the four-year legal traineeship at courts, public prosecutors, lawyers and notaries and had passed the second, major state examination, were appointed court assessors before entering the Usually appointed to the office of judge or public prosecutor after one year. With the law of March 11, 1879, the title of government assessor was introduced in Prussia , which was awarded after four years of legal clerkship at judicial and administrative authorities. The trainee period with the status of civil servant on revocation was later shortened to two years, the assessor period in the trial civil servant relationship was extended.
The later introduced two years Anwaltsassessorat from a lawyer that was required for admission to the legal profession, ended with the entry into force of the Federal Lawyers' Act (BRAO) of 18 May 1959th
In the 20th century, with the spread and increasing differentiation of the civil service , the term assessor also established itself for other types of higher civil servants. For example, in the Weimar Republic the designations customary for lawyers were introduced for higher teaching posts, including study assessor (for civil servants) and teaching assistant (for employment under private law); the entrance office for teachers at grammar schools was called "grammar school assistant" in the German Empire.
In the 19th century, young musicians in their first employment in a music band are called accessists (seldom Eleve ).
In Italy the members of the regional and provincial governments are referred to as assessors (in the South Tyrolean provincial government analogous to Austria : regional councils ), their offices are called assessors . The Assistant to the magistrates of the towns bear this name (in South Tyrol: city councils ).
In Denmark , associate judges are called assessors. This used to be the name of a Supreme Court judge.
In the United States, assistants to a lawyer are called assessors. In addition, an assessor is an elected or appointed county-level civil servant who assesses the value of land, usually for tax purposes. Private appraisers are referred to either as "appraisers" or in the insurance industry as "adjuster" .
- Access . In: Meyers Großes Konversations-Lexikon . 6th edition. Volume 1, Bibliographisches Institut, Leipzig / Vienna 1905, pp. 247f.
- Acceß . In: Meyers Konversations-Lexikon . 4th edition. Volume 1, Verlag des Bibliographisches Institut, Leipzig / Vienna 1885–1892, p. 77.
- Thorsten Bludau: Bill to modernize the Lower Saxony civil service law. In: NdsVBl Lower Saxony administrative sheets . No. 1, 2009, pp. 1-6
- Leipzig Commentary on the Criminal Code , Section 132a Rn. 13