Electronic right-hand traffic
Electronic legal communication (usually also ERV or ELRV , in Austria also webERV ) is the umbrella term for electronic communication options between courts and administrative authorities on the one hand and lawyers , notaries , citizens and companies on the other.
ERV is a subset of e-justice .
implementation
Germany
Electronic communication with the courts ( electronic mail in the court) and by the courts ( electronic mail out ) is called "electronic legal communication" . This is currently being carried out "unilaterally" in numerous federal states and jurisdictions; d. H. the courts have opened an electronic access channel, but - similar to a fax receipt - print out the electronic document and only send faxes or mail back to those involved in the proceedings. The requirements of the so-called “eJustice Act” (law for the promotion of electronic legal transactions - BR-Drs. 500/13) are already fulfilled by this “electronic dead end”; In contrast to the so-called "professional participants in the proceedings", the courts are not obliged to send out electronic mail.
On the other hand, real electronic legal transactions should only be used if this is also bidirectional, i.e. not only electronic incoming mail is received by the court, but the court itself also sends it electronically.
Section 174 (3) ZPO permits electronic transmission to persons to whom delivery may be made against acknowledgment of receipt (Section 174 (1) ZPO), or to persons who have expressly consented to electronic delivery. It is therefore also permissible and effective if these persons have an electronic mailbox that meets the requirements, but actually do not conduct any electronic communication with the court - and actually do not want to do so. This procedure is called " initiatory electronic legal communication" or the so-called "passive obligation to use" an opened electronic communication channel. With regard to the incoming mail via the electronic court and administrative mailbox ( EGVP ), the admissibility of this initiative electronic legal communication or the passive use obligation of the EGVP was, according to an almost undisputed opinion, permissible. There was consensus that in electronic legal transactions there is no longer any entitlement to a court decision sent by post. The only option - at least until the introduction of the obligation to use the eJustice Act - to avoid electronic transmissions by the courts was to deregister an existing EGVP mailbox. The judicial administrations therefore opened up enormous savings potential in the postage area, because the courts can search the entire EGVP address book at any time - also automatically, depending on the court software used. It was only through the establishment of the special electronic attorney's mailbox ( beA ) that legal opinions differed from the passive obligation to use electronic legal transactions.
As of January 1, 2018, the law provides for formal delivery against acknowledgment of receipt (eEB) only via a secure means of transmission in accordance with Section 130a (4) ZPO, cf. Section 174 (3) sentence 3 ZPO.
The status of the implementation of electronic legal transactions in the federal states and their jurisdictions is published on the federal and state justice portal.
Austria
Based on a civil law reform to standardize the dunning system at the end of the 1980s and the introduction of the justice process automation system, electronic legal communication (ERV for short) for the transmission of applications to district courts was started in Austria on January 1, 1990. The initiators for this were on the one hand the Federal Ministry of Justice and on the other hand the Austrian legal profession. From the start, the service was technically operated by what was then Radio Austria AG (now Telekom Austria ).
In the first phase, only dunning actions for electronic submission were permitted. Over several expansion steps - accompanied by the corresponding legal changes - enforcement motions were allowed in 1995, informal motions and actions in labor court proceedings in 1996 and actions in courts of law relating to electronic legal transactions in 2003. Since mid-1999, legal settlements have been transmitted to the participants in the ERV. Initially, reception was voluntary, but has been mandatory since mid-2000. The success of the system is characterized by the fact that by the end of 2007 around 50 million applications and transactions had been submitted.
The core functionality in ERV is the further processing of the electronically recorded data. Therefore, the applications and transactions are transmitted in a structured form. Word processing program files are not permitted, PDF files only as enclosures. Fax transmissions do not count as electronic legal communication. Both the court IT system and the applications used by ERV participants allow the import and further processing of new data and save time in the administration of court proceedings.
The legal basis is defined in Section 89 ff. Of the Court Organization Act (GOG). The details are regulated in the Ordinance on Electronic Legal Transactions (ERV 2006). In order to increase acceptance after a hesitant start, financial support was created in January 1997 with an increase in the lawyer's tariff for applications submitted electronically (Section 23a Lawyers' Tariff Act).
While only lawyers were allowed to use the ERV at the start, there are no restrictions in the group of participants today. The ERV has been mandatory for lawyers since 1999.
In November 2001, the ERV was awarded the eGovernment label “Good Practice” by the European Commission.
Despite various further developments over the years, the technology used was no longer up-to-date at the beginning of the 21st century. In addition, the judicial IT system was completely redesigned through the redesign of the justice process automation from the end of the 1990s. After an extensive conception and pilot phase, the new webERV started in 2007, replacing the previous system. On December 31, 2008, Telekom Austria discontinued the ERV service. Therefore only the webERV is available for the transmission. See also the detailed article webERV .
See also: Document delivery service .
Switzerland
In Switzerland, since January 1, 2011, entries to courts and authorities can also be submitted electronically. However, this only applies to civil and criminal matters.
The law requires that a secure delivery platform be selected for transmission to an authority. This has various advantages over normal electronic mail (e-mail). It enables confidentiality, the preservation of the integrity of messages as well as the timely verification of the dispatch and receipt. To ensure that a platform can guarantee this, it must meet certain requirements and be recognized by the Federal Department of Justice and Police . On May 19, 2016, PrivaSphere Secure Messaging and IncaMail were officially named as secure delivery platforms in legal proceedings.
The interest in electronic legal communication has not yet been very pronounced in Switzerland. The Federal Supreme Court , to which it has been possible to complain electronically since 2007, only received 39 complaints electronically in 2015. 7853 complaints were received by conventional paper. A federal court ruling on February 10, 2017 also shows that civil and criminal matters can be submitted electronically at all levels since January 1, 2011, but that this does not necessarily apply to administrative proceedings at cantonal level. This depends on the cantonal regulations. The federal court ruled the case of a man who filed an electronic complaint with the insurance department shortly before midnight on the last day of the appeal period. The subject was the dispute over unemployment benefits. Since the canton of Valais has no legal basis for electronic complaints in this area of law, the court did not deal with the complaint.
Czech Republic
An electronic mailbox (Czech: Datová schránka ) for communication with authorities was introduced in the country by Law No.:300/2008 Coll. From 2009 for everyone (natural and legal persons). From 2015, this type of communication will be mandatory for legal entities. All official traffic, e.g. B. with the tax office, is only processed electronically. If not used, sanctions are threatened.
Web links
Individual evidence
- ^ Henning Müller: The initiative electronic legal traffic and the beA - the "passive usage obligation" . ervjustiz.de. January 18, 2017. Retrieved March 25, 2019.
- ↑ EGVP . State of North Rhine-Westphalia. Retrieved March 25, 2019.
- ↑ Henning Müller: A new addition to the right of delivery: The electronic acknowledgment of receipt (eEB) . ervjustiz.de. January 18, 2017. Retrieved March 25, 2019.
- ↑ Electronic right-hand traffic . Justice portal of the federal and state governments. Retrieved March 25, 2019.
- ↑ E-Justice German - www.ch.ch. Retrieved December 7, 2017 .
- ^ EJPD: Electronic transmission. Retrieved December 7, 2017 .
- ↑ Swiss Federal Supreme Court - How can I file a complaint electronically? How many complaints are submitted electronically to the Federal Supreme Court? Retrieved December 7, 2017 .
- ↑ Katharina Fontana: No right to electronic complaint | NZZ . In: Neue Zürcher Zeitung . December 1, 2017, ISSN 0376-6829 ( nzz.ch [accessed December 7, 2017]).
- ↑ Prof. Dr. Axel Tschentscher, LL.M., MA: DFR - BGer 8C_455 / 2016 from 02/10/2017. Retrieved December 7, 2017 .
- ↑ Detailed information on the "electronic mailbox" in the Czech Republic can be found here: Datová schránka (article in the Czech Wikipedia - in the local language).
- ↑ Reference to the existence of the electronic mailbox
- ↑ Note on the sanctioning (page 5)
- ↑ Official login page for users at the Czech Ministry of the Interior
