Business distribution plan

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A business distribution plan (GVP or GVPl) is a set of rules which, in the case of collegiate bodies, determines which internal organizational unit of the body is responsible for processing a specific issue .

Business distribution plans in courts

The division of responsibilities in Germany is decided by the presidium in each court in accordance with Section 21e GVG each year in advance for the duration of the financial year .

In the business allocation plan, the staffing of the panel is determined and the substitute is regulated. Furthermore, the business is distributed to the individual judges or tribunals according to general characteristics . This means that when a case is received it is determined which judge or panel is responsible for it. This is necessary in order to comply with the constitutional requirement of the legal judge ( Art. 101.1 sentence 2 GG ); also according to § 16 sentence 2 GVG.

There are different procedures for distributing the business. In particular, the incoming matters can be assigned to a specific judge or panel

  • after receipt time,
  • according to subject areas,
  • after the first letter of the name of one of the parties,
  • according to local criteria (place of residence of the defendant, place of the crime),
  • in the case of legal remedies to the panel or court from which the contested judgment originates, or
  • one after the other (e.g. each panel receives five proceedings one after the other in rotation).

The year of the "arrival time" remains unchanged in the file number even if proceedings have been going on for years.

The schedule of responsibilities can only be changed to a limited extent during the year. It can be viewed by anyone in court ( Section 21e (9) of the GVG) and therefore does not need to be published.

A distinction must be made between the distribution of business by the court (according to § 21e GVG) the distribution of business within a panel composed of several judges (according to § 21g GVG). It takes place before the beginning of the financial year for its duration by resolution of all members of the panel ( § 21g GVG). The distribution of business within the panel has no external effect.

The purpose of a business distribution plan for the courts is to protect the citizen from manipulation and to maintain the independence of the courts, especially vis-à-vis the executive and the judiciary. Legal requirements for the business allocation plan:

  • Principle of certainty (referral to a judge who has not been named is prohibited)
  • Principle of abstraction and predictability (it must be clear in advance and it must be possible to check afterwards who gets what and when.)
  • Annuality principle (A GVP is decided for exactly one year, not for half a year and not for two years.)
  • recognizable substitution rules (it must be clear who is representing whom, when and for what reason.)
  • Prevention regulation (the rules for prevention should be clarified in advance)
  • Principle of continuity (the distribution of responsibilities may only be changed in exceptional cases - death, illness and retirement can be planned in advance)
  • Completeness (no cases may be disregarded)
  • Prohibition of retroactive effect (decisions on the allocation of responsibilities may not concern proceedings that have occurred in the past)
  • Prohibition of exceptional courts and “special departments”, unless provided for by law. (e.g. § § 95  ff. GVG for commercial matters / UWG )
  • Prohibition of overstaffing of panels / chambers / departments
  • Prohibition of referral to the single judge in the case of § 348 Paragraph 1 No. 2 Letters a to k ZPO
  • Resolution by the presidential decision on the division of responsibilities (the original must be countersigned by the chairman of the presidium and another member.)

Appeal against the incorrect application of the business allocation or an incorrect business allocation plan in court

  • In principle, the jurisdiction of a case is to be examined ex officio by the judge in advance.
  • Complaint in preparation for the revision (e.g. § 551 ZPO)
  • Action for annulment according to § 579 No. 1 to 3 ZPO
  • Constitutional complaint according to Article 101, Paragraph 1, Sentence 2 of the Basic Law i. V. m. Art. 93 para. 1 no. 4a GG after exhaustion of the legal process

Business distribution plans in administration

Business distribution plans are also used in administration . Similar to court plans, business distribution plans regulate the functional responsibility in the administration, i. H. which office administrator or clerk is specifically responsible. These are internal regulations that have no external impact and B. not justify the illegality of an administrative act .

Business distribution plans in companies

The business distribution plan (abbr .: GVPI) regulates the (fine) distribution of responsibilities within organizational units down to the level of individual persons or groups of forces. He serves u. a. as a basis for the research “Who does what?”.

literature

Jurisprudence

Web links

Individual evidence

  1. ^ Wolfgang Grunsky: Civil Procedure Law 12th, revised edition 2006, Luchterhand Verlag. Marg. 19th
  2. ↑ see BayVerfGH NJW 1986, pp. 1673-1675.
  3. ^ Wolfgang Grunsky: Civil Procedure Law 12th, revised edition 2006, Luchterhand Verlag. Marg. 19th
  4. ^ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on the ZPO / GVG §21e GVG RN15-17
  5. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on the ZPO / GVG § 21e GVG RN12
  6. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on ZPO / GVG § 21e GVG RN18
  7. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on ZPO / GVG § 21e GVG RN20
  8. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on the ZPO / GVG §21e GVG RN40-41
  9. ^ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on the ZPO / GVG § 21e GVG RN42-43
  10. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on ZPO / GVG § 21e GVG RN28
  11. ^ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on the ZPO / GVG § 21e GVG RN21
  12. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on ZPO / GVG § 21e GVG RN19
  13. ^ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on the ZPO / GVG § 21e GVG RN24
  14. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on ZPO / GVG § 21e GVG RN17 sentence 3
  15. ↑ see also BVerfGE 95, 322
  16. ↑ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on ZPO / GVG § 21e GVG RN59
  17. ↑ BVerfGE 40, 356
  18. ^ Gerhard Lüke, Alfred Walchshöfer: Munich Commentary on the ZPO / GVG §21e GVG RN64
  19. ^ Steffen Detterbeck: General administrative law. With administrative procedural law 3rd edition 2005, CH Beck, Munich. Marg. 575.
  20. ^ Steffen Detterbeck: General administrative law. With administrative procedural law 3rd edition 2005, CH Beck, Munich. Marg. 575.
  21. ↑ Hanjo Hamann: Court judgments as human work: On the edition project “The names of justice”. In: Wikimedia Blog. February 23, 2017. Retrieved February 23, 2017 .