Law to promote electronic legal communication with the courts
| Basic data | |
|---|---|
| Title: | Law to promote electronic legal communication with the courts |
| Abbreviation: | FördElRV (no official abbreviation) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Procedural law |
| References : | 310-4 / 7 |
| Issued on: | October 10, 2013 ( BGBl. I p. 3786 ) |
| Entry into force on: | predominantly January 1, 2018 partly October 17, 2013, January 1, 2014, July 1, 2014, January 1, 2016, January 1, 2017 and January 1, 2022 |
| Last change by: |
Art. 31 G of 5 July 2017 ( Federal Law Gazette I p. 2208, 2228 ) |
| Effective date of the last change: |
July 13, 2017 (Art. 33 G of July 5, 2017) |
| GESTA : | C110 |
| Weblink: | Legal text |
| Please note the note on the applicable legal version. | |
The law for the promotion of electronic legal communication with the courts is an article law that changes 23 federal laws and other legal provisions of the Federal Republic of Germany , in particular the rules of procedure such as the Code of Civil Procedure (ZPO), the law on the procedure in family matters and in matters of voluntary jurisdiction ( FamFG), the Labor Court Act (ArbGG), the Social Court Act (SGG), the Administrative Court Code ( VwGO) and the Financial Court Code ( FGO), but also, for example, the Federal Lawyers' Act (BRAO). The constitutional and criminal jurisdiction are not covered.
In addition, the federal and state governments are authorized to issue ordinances on the temporary continued application of old law within certain periods.
Formation, purpose of the law and content
The law was passed by the Bundestag on June 13, 2013 and approved by the Bundesrat on July 5, 2013. It arose from an initiative of the federal government. The law was issued on October 10, 2013 and promulgated in the Federal Law Gazette on October 16, 2013 .
Its aim is to use the potential of recent technical developments with legal measures to promote electronic legal communication in the procedural area, to lower the access barriers for electronic communication with the judiciary and to strengthen user confidence in dealing with the new communication channel. The Federal Government assumes that the compliance costs required for this will not burden the public budget, but rather decrease through savings compared to communication in paper form via the post (postage, fees for faxes).
The law introduces mandatory electronic correspondence between lawyers and authorities with the courts by creating the legal framework necessary for the transmission and processing of electronic documents. As secure transmission channels, it determines, for example, electronic communication via a De-Mail account and via the electronic court and administrative mailbox (EGVP), the introduction of electronic forms, machine authentication, automated confirmations of receipt and delivery or the evidential value of scanned public documents.
The Federal Bar Association is through the law to the task, each lawyer until 1 January 2016 special electronic mailbox lawyer to set up. The obligation to use electronic documents also applies to other authorized representatives, notaries and authorities, but not to citizens.
While the government draft originally provided for the abolition of the acknowledgment of receipt and this was to be replaced by an acknowledgment of receipt automatically generated by the lawyers' electronic mailbox, which was to be set up in the future, the legislative process reacted to the criticism of the Federal Bar. An electronic acknowledgment of receipt to be transmitted in a structured, machine-readable form is now provided as a replacement for the previous acknowledgment of receipt.
Come into effect
Article 26 of the law contains a differentiated regulation on the entry into force of the individual provisions. These come into force on January 1, 2018, subject to certain special regulations.
Most of the changes to the Code of Civil Procedure came into force in October 2013 and in the course of 2014, such as Sections 371a and 371b ZPO on the evidential value of electronic documents and certificates.
The obligation to use electronic documents comes into effect on January 1, 2022.
Electronic legal communication with the federal courts and in the federal states is currently being tested in numerous pilot projects.
Web links
- Legal materials on www.bundesgerichtshof.de
Individual evidence
- ↑ Electronic legal traffic ( Memento of the original from June 24, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on www.brak.de
- ^ Recommendation for a resolution and report by the Legal Affairs Committee on the Federal Government's draft law - printed matter 17/12634 - dated June 12, 2013
- ↑ draft law of the federal government BT-Drucksache 17/12634 of March 6, 2013, p. 3 ff.
- ↑ Law on the promotion of electronic legal transactions is passed by the Federal Council on www.juris.de
- ↑ bill of the Federal Government BT printed matter 17/12634 from March 6, 2013
- ↑ Basic information about the process on bundestag.de
- ↑ Law to promote electronic legal transactions with the courts, passed on www.haufe.de on June 17, 2013
- ↑ KammerReport Hamm 3/2013, p. 23
- ↑ Federal and State Justice Portal , accessed on September 14, 2015
