Litigator
A litigator is a person who can represent another legal subject in a judicial process. The respective procedural rules regulate which requirements the representative must meet in order to be able to postulate .
In the legal process , these are only lawyers or other groups of people named in the respective procedural rules (e.g. tax advisors in the tax court rules and administrative court rules , trade unions in the Labor Court Act and Social Court Act , see below); on the other hand, this is not necessary in a party process . Typically, lawyers act as legal representatives who are named in all procedural rules in Germany as capable of postulating. However, there are a large number of professional groups that are also legally authorized to represent them in court.
Representation in the ordinary courts
In the ordinary jurisdiction , the lawyer process predominantly applies, whereby the party process in civil matters only applies in proceedings before the local court with the exception of the family court . In criminal proceedings, a lawyer always acts as defense attorney in accordance with Section 138 (1) of the Code of Criminal Procedure . a. University lecturers in law and tax advisors (the latter in criminal tax proceedings, § 138 II StPO in conjunction with § 392 AO) are included. In summary proceedings there to special regulations.
Representation at labor courts
According to § 11 Abs. 2 Nr. 1 to 5 ArbGG the representation before the labor court u. a. Take over party workers or union secretaries .
Representation in tax courts
According to Section 62, Paragraph 2, Sentence 1 of the FGO , the following professional groups are also capable of postulating before the tax courts (including the Federal Fiscal Court )
Representation in social courts
According to Section 73 (2) No. 1 to 9 SGG, there is a numerus clausus for process representatives before social courts , provided that the parties do not conduct the legal dispute themselves (Section 1). This includes u. a. the professional groups as mentioned in the tax courts (para. 2 no. 5), but also representatives of trade unions (para. 2 no. 7) and pension advisors (para. 2 no. 3).
Representation in administrative courts
According to § 67 Abs. 2 VwGO there is also a numerus clausus for process representatives before the administrative courts , so that u. a. Trade unions (No. 5) as well as tax advisors and auditors (No. 3) can appear before the administrative court and the higher administrative court in tax matters (e.g. trade tax, property tax, contribution and fee matters). In the proceedings before the Higher Administrative Courts and the Federal Administrative Court , the group of persons is generally limited to lawyers ( Section 67 (4) VwGO), whereby the persons and organizations named in accordance with Section 67 (2) sentence 2 No. 3 to 7 VwGO also act as authorized agents before the Higher Administrative Court allowed are.
Individual evidence
- ↑ BVerwG 10 C 17.14, judgment of January 20, 2016 | Federal Administrative Court. Retrieved October 9, 2018 .
