PEBB§Y

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The acronym PEBB§Y ( Pe rsonal b edarfs b erechnungs sy stem ) is the abbreviation for a system for personnel requirement calculation for the German judicial authorities. The official name is: Development of a system for calculating personnel requirements for the judicial, public prosecutor's and legal clerk's service in the ordinary jurisdiction . The term is pronounced like Pepsi . PEBB§Y has been the current system for personnel requirement planning in the state justice administrations in Germany since 2005 .

General

In the judiciary , to determine the need for judges , prosecutors and judicial officers, it is determined how much time is required for each individual activity. By multiplying the individual case processing time with the actual number of cases (similar to piece work ), the actual personnel requirement is then calculated. Appropriate staff should be made available to the judicial authorities. Based on the time calculation carried out in this way by ministerial specifications, it should be possible to prove that the workforce was at least sufficient for the work to be performed. The problem is that the assumed time approaches for the individual tasks to be performed are often viewed by practitioners as unrealistic.

At present, the PEBB§Y system is generally used to determine the personnel requirements . The then necessary staff need not coincide with the actual staff insisted . The number of cases to be dealt with can hardly be influenced. The calculation of personnel requirements shows the need for an increase in personnel. For fiscal reasons, however, this seems unlikely.

History of origin

The commission of the state justice administrations for questions of the calculation of personnel requirements (the so-called Federal Pension Conference ) decided in 2003 to convert the pension system that had previously applied to personnel calculation to the "PEBB§Y" system.

The PEBB§Y system was created on the basis of a report by the business consultancy Arthur Andersen Business Consulting GmbH . In 2004, data was then collected for the calculation of personnel requirements on the basis of PEBB§Y; the calculation of personnel requirements (and personnel allocation) has now been carried out since January 1, 2005 on the basis of the figures determined with the new system.

Calculation formula

The system of personnel requirement calculation according to PEBB§Y is based on the formula determined by the commissioned business consultancy for the average processing time shown in minutes for individual types of procedure, which is referred to as the "base figure".

The personnel requirement is calculated in this way using the following formula:

Quantity x base number ÷ through annual working time (in minutes) = personnel requirement

The base number can be converted into an evaluation number for the individual business (= number of activities that a judge, public prosecutor or judicial officer must do in one year):

Evaluation number = annual working time (in minutes) ÷ by base number

In the state of Bavaria, for example, a standardized value of 102,279.60 minutes (or 1,704.96 hours) is assumed as the annual working time in minutes , in which all conceivable days off such as vacation, public holidays, illness, maternity leave, etc. are statistically incorporated. The annual working time is standardized in all federal states, but different parameters are assumed, since, for example, the number of public holidays and the number of weekly hours to be worked (between 38 and 42 hours) differ.

Practical meaning

As a result of the calculations presented above, basic figures (minute rates) have been specified for the individual official business of the judges, public prosecutors and judicial officers, of which some standard figures from the public prosecutor's area are shown here as an example:

  • Processing of a procedure in which the police did not succeed in identifying a suspect (review of files according to investigative approaches, further ruling): 4 minutes .
  • Political criminal matters (including drafting the indictment and attending the main hearing in court): 120 minutes .
  • Investigations into fraud , breach of trust , theft , embezzlement , bodily harm (including drafting the indictment and participating in the main hearing in court): 70 minutes .
  • Investigations into traffic offenses such as drunk driving , road traffic hazard, coercion (including drafting the indictment and participating in the main hearing in court): 47 minutes .
  • Investigations into robbery , extortion and hostage-taking , (example: bank robbery ), (including drafting the indictment and participating in the main hearing in court): 180 minutes .
  • Sexual offenses, such as rape or sexual abuse of children (including drafting the indictment and attending the main hearing in court): 200 minutes .
  • Procedure for violations of the Narcotics Act (including drafting the indictment and participating in the main hearing): 49 minutes .
  • Offenses under the Asylum Procedure Act (now: Asylum Act ) and Aliens Act (now: Residence Act ), (including drafting the indictment and participating in the main hearing): 39 minutes .
  • Corpse, capital, arson and political proceedings against unknown persons: 43 minutes .
  • Criminal cases against young people (up to 18 years of age) and adolescents (up to 21 years of age), (including writing the indictment and participating in the main hearing): 49 minutes .

criticism

Critics from the professional representations of judges and public prosecutors consider the time approaches dubious: They point out that judges and public prosecutors, whose working hours are not measured but determined by the allocation principle described above, have long been forced to work between 60 and 100 hours a week , to carry out the tasks assigned to them. The high processing backlog in the judiciary and the often annoying long procedural times due to the allocation of work due to the unrealistic time limits can also be explained. Incidentally, a recording of the processing time actually used, which is necessarily limited to the available working time, does not say anything about the time required for proper processing.

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