Assessor
An assessor is a person who participates in a committee (association board, examination committee, court, in elections, etc.). The main task of an assessor is to ensure a generally correct and fair assessment and fair process, regardless of the content of a matter, and to ensure an objective assessment of the accused. In the Austrian disciplinary law of civil service law, among other things, a mayor acts as an “assessor” in a disciplinary commission appointed by the respective state government.
Assessor in association boards
In associations , assessors can belong to the BGB board or the extended board, depending on how this is regulated in the statutes. However, in contrast to the BGB board, members of the extended board are not authorized to represent in accordance with Section 26 BGB . Assessors can perform various functions within the board. This can u. a. be:
- Takeover of a specific subject / area of responsibility
- Substitution and / or discharge of another board member
- public relations
- Function of a know-how carrier
Assessor in examination committees
In examination commissions (e.g. in front of the Chamber of Crafts or in diploma examinations ) there is usually an observer on the examination board. His focus is less on the professional assessment of the examinee, rather he pays attention to a fair examination process. A member of the works council or the youth representative body is often employed in in-company training .
Assessor in court
In the case of a court , all members of the court who work alongside the chairman are called assessors. These can be both professional and lay judges . The appointment of assessors to a court is intended to preserve independence and impartiality as well as the exclusion of arbitrariness, since the members of the court are supposed to control each other and a larger number of people prevent the formation of clusters and the like. A court is usually always staffed with an odd number of judges in order to prevent a stalemate in reaching a verdict .
The appointment of lay judges represents the presence of the people , who, as the bearers of state authority , are responsible for the judiciary. Similarly, should aldermen confidence in the impartiality and impartiality strengthen the Court, since they do not belong to the "professional community" of the judges, but citizens are honorary. The honorary judges are an important part of a court, as judgments are pronounced and pronounced “ in the name of the people ”.
Historical official designations for associate judges were, for example, Reich judge , higher regional judge or regional judge .
Right to vote
Whether an assessor is entitled to vote is determined in the statutes or regulations, which also define the respective committee to which he belongs. In association boards, assessors are usually fully entitled to vote. In the judicial sector, the voice of a lay judge has the same status as that of a professional judge .
See also
Individual evidence
- ↑ Assessor. In: vereinswelt.de. Fachverlag für Vereine , September 10, 2019, accessed on September 15, 2019 (It is recommended here to exclude the assessors from the BGB board through a statute regulation.).
- ↑ http://www.wissen-digital.de/lexikon/Beisitzer
- ↑ Cf. Art. 20 GG
