Electronic legal traffic regulation
| Basic data | |
|---|---|
| Title: | Ordinance on the technical framework for electronic legal transactions and on the special electronic mailbox for authorities |
| Short title: | Electronic legal traffic regulation |
| Abbreviation: | ERVV |
| Type: | Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Art. 25 Act to promote electronic legal communication with the courts |
| Legal matter: | Procedural law |
| Issued on: | November 24, 2017 ( BGBl. I p. 3803 ) |
| Entry into force on: | 1st January 2018 |
| Last change by: |
Art. 1 V of February 9, 2018 ( Federal Law Gazette I p. 200 ) |
| Weblink: | Text of the regulation |
| Please note the information on the applicable legal version. | |
The Electronic Legal Transactions Ordinance (ERVV) is a statutory ordinance of the German federal government that regulates the transmission of electronic documents to the courts of the federal states and the federal government as well as the processing of electronic documents by these courts ( Section 1 (1) ERVV). It was issued on November 24, 2017 and entered into force on January 1, 2018. She places inter alia states that only PDF and TIFF files are permitted in electronic legal communication with German courts.
content
The ordinance applies to the electronic legal transactions of the parties as well as information, statements, expert opinions, translations and declarations of third parties to the courts of the federal states and the federal government as well as the processing of electronic documents by these courts according to § 130a of the Code of Civil Procedure , § 46c of the Labor Court Act , § 65a of the Social Court Act , Section 55a of the Administrative Court Code and Section 52a of the Financial Court Code . It also applies to the transmission of electronic documents to law enforcement authorities and criminal courts of the federal states and the federal government in accordance with Section 32a of the Code of Criminal Procedure and the processing of electronic documents.
According to § 5 ERVV, the federal government announces the technical requirements for the transmission and processing of electronic documents. This takes place at regular intervals in an electronic legal traffic announcement (ERVB), which must take into account the current state of technology and accessibility in the sense of the Accessible Information Technology Ordinance .
For areas not covered by ERVV, such as electronic legal communication with the registration courts, some federal states have issued their own ordinance.
The Federal Constitutional Court cannot be reached electronically. Applications must still be made in writing ( Section 23 BVerfGG ).
See also
Individual evidence
- ↑ Article 25 old version in the version applicable before January 1, 2018. buzer.d, accessed November 13, 2020.
- ↑ see Federal Ministry of Justice and Consumer Protection : Announcement on § 5 of the Electronic Legal Traffic Ordinance (Electronic Legal Traffic Announcement 2019 - ERVB 2019) of December 20, 2018. BAnz AT December 31, 2018 B3.
- ↑ See for example for Bavaria: Ordinance on electronic legal transactions in the ordinary courts (E-Rechtsverkehrverordnung Justiz - ERVV Ju) of December 15, 2006 (GVBl. P. 1084).
- ↑ Electronic legal communication. Technical framework. Bavarian State Ministry of Justice , accessed on November 13, 2020.
- ↑ BVerfG, decision of November 19, 2018 - 1 BvR 2391/18
- ↑ The newsletter on the special electronic lawyer mailbox Federal Bar Association , February 7, 2019.
