Office
A branch of the German Judicial law is a device according to § 153 GVG and § 13 VwGO , § 12 FGO , § 7 para. 1 ArbGG , § 4 SGG in courts and public prosecution is formed. The office will be staffed with the required number of clerks .
history
The office goes back to the court clerkship provided for in the Courts Constitution Act (GVG) of 1877 (§ 154 GVG old version). The aim of this institution was to relieve the judiciary and to transfer judicial activities that did not require any academic training to officials of the middle or higher legal service. In 1909 were by a ZPO -Novelle and judicial functions, especially the taxation of costs , transferred to the court paperwork. Since 1927, the Reich legislature has spoken of 'business office' instead of 'court clerk'. The term ' court clerk ' has also been abandoned in official parlance.
The office of the public prosecutor's office was introduced by the First Law on the Reform of Criminal Procedure Law of December 9, 1974.
With the introduction of electronic legal transactions , the classic distribution of tasks between decision-making judges, public prosecutors, judicial officers and public prosecutors on the one hand and the supporting activities of the registry office's clerks on the other will change significantly.
Registrar of the office
As a rule, the clerk of the office ( § 153 GVG) is a civil servant of the middle service , sometimes also a judicial or administrative clerk . The civil servant is entrusted with the duties of the registry clerk , whereby this entrustment does not require any special form. The senior civil servant who has passed the Rechtspfleger examination can also be temporarily entrusted with performing the duties of the registry clerk in accordance with Section 27 (1) RPflG , as can those who, according to their level of knowledge and proficiency, are civil servants in the middle service equals.
tasks
At courts and the public prosecutor's office, the office performs all tasks that are not expressly assigned to the judge , public prosecutor , senior judicial officer or public prosecutor . In particular, the clerks of the office (UdG) do notarizations, issue copies of court decisions, simple enforcement clauses (the judicial officer is responsible for qualified persons) or act as clerks.
Part of the office is the court's legal application office.
A comprehensive description of tasks for UdGs in the field of electronic legal transactions can be found in Section 29 of the Commercial Register Ordinance (HRV) .
Position and legal remedies
The clerk acts as an organ of the administration of justice, not as part of the administration of justice. His decisions are therefore not contestable as judicial administrative acts according to §§ 23 ff. EGGVG , but are subject to a reminder , unless the individual rules of procedure stipulate otherwise, by the judge, public prosecutor or judicial officer .
