Styrian Bar Association

from Wikipedia, the free encyclopedia

The Bar Association Styria is the professional organization of the Steiermark established lawyers and trainee lawyers. The Bar Association is based in Graz , where the Graz Regional Court is also one of the two highest organs of jurisdiction in Styria (another regional court is located in Leoben ). Gabriele Krenn (born April 16, 1958) is currently the President of the Styrian Bar Association.

history

The Bar Association for Styria was provisionally constituted in February 1850 and confirmed by the Ministry of Justice. The official founding meeting had to be postponed because Styria did not have a court of appeal ( Higher Regional Court ) (see § 1 of the provisional lawyer's regulations). The Graz lawyer Anton Murmayer (* June 12, 1778 - † January 6, 1856) then convened the first official meeting of the Bar on November 3, 1850 and was also elected its first president (Anton Wasserfall, Edler von Rheinbrausen, * June 7, 1803 - † March 20, 1871. From 1855 to 1870 President of the Styrian Bar Association).

The lawyers' regulation (RGBO 96) created on July 6th, 1868 contained the most important core areas of the legal professional rules. Among other things was

  • the area of ​​activity of the Chamber's Committee is extended to include the right to keep lists of lawyers residing in the chamber district (lawyers' register, matriculation) and
  • The committee was allowed to issue opinions on the appropriateness of attorney's fees and
  • try to reach an amicable settlement in the event of disputes between chamber members.

In addition, the law firm was released.

By law of April 1, 1872, the bar associations were given the supervision and disciplinary authority over the lawyers entered on the list of lawyers. The system established at that time largely exists to this day.

A form dated May 16, 1908 by the Styrian Chamber of Lawyers about "unjustified reduction" of the costs subject to the judicial provision, "unreasonable behavior of individual judges and other state judicial administrative bodies" as well as the "treatment of poor law cases contrary to the interests of the class", which was determined by a survey was collected among the chamber members, can be seen as the basis of the perception reports that exist today .

The annexation of Austria to the German Reich (see: Austria in the time of National Socialism ) soon eliminated the autonomy ( self-administration ) of the Austrian bar associations. Numerous lawyers registered in Styria have been removed from the list. The number of attorneys entered on the list of attorneys at the Styrian Bar Association on January 1, 1938, was reduced from 303 to 262 by December 31, 1938 (trainee attorneys from 61 to 23). The causes were war services and the ordinance of March 31, 1938, which prohibited Jewish lawyers from practicing their profession. The ordinance of September 27, 1938 also meant that “ Jewish half-breeds ” had to be deleted from the list of lawyers by the end of 1938. The former governor and president of the Styrian Bar Association, Rudolf Trummer , was one of the lawyers deleted from the list.

After the war, Franz Lach , a lawyer in Graz since 1931, was elected president. President of the Styrian Chamber after the first free election in November 1948, Otto Bauer-Mayer (* January 20, 1894, † 1983), who held this position until 1960. He was replaced on November 23, 1960 by Franz Ogrinz (1897 - September 29, 1979) (President of the Chamber until 1969). Leo Kaltenbäck (* August 24, 1909; † July 28, 1999), who took over this function in November 1969, was President of the Chamber for a total of 21 years.

organization

The professional representation is a member of the Austrian Bar Association , an association of the bar associations of all Austrian federal states. Organizationally, the Bar Association is a public corporation with the right to autonomous self-administration and limited sovereign powers.

The areas of responsibility of the Styrian Bar Association range from representing lawyers to assessing laws and preparing reports to monitoring compliance with professional obligations by means of disciplinary law . The examinations for trainee lawyers and trainee judges are also carried out by the examination commissioners of the Bar Association.

The highest decision-making body of the Bar Association is the committee, which is elected by the general assembly of Styrian lawyers and is chaired by a president and two vice-presidents. Attached to this are the disciplinary board and the examination commissioners, who are also appointed by the general assembly.

membership

Membership in the Styrian Bar Association exists for registered lawyers (RA) and trainee lawyers (RAA). The voting rights in the general meeting are unevenly distributed between lawyers and trainee lawyers (approx. 1: 2 - RA: RAA). Associated with membership is the obligation to pay the chamber contribution. On November 1, 2013, 530 lawyers were registered in Styria (for comparison: in 1848 only 32 lawyers were registered in Styria, in 1871 there were 114 members of the Chamber of Lawyers. On January 1, 1904, 126 lawyers were registered and in 1924 there were already 206) .

See also

Web links

Individual evidence

  1. ↑ The following statements are an excerpt from the comprehensive historical compilation of the Styrian Bar Association [1] . Compiled and accessed by User: Asurnipal on November 1, 2013.
  2. ^ The higher regional court in Graz was founded on April 22nd, 1850.
  3. ↑ The legal basis for this was the provisional lawyer regulations of August 16, 1849.
  4. ↑ The lawyer is admitted to the lawyer book (list of lawyers) without official approval and thus receives his professional license if the legal requirements are met.
  5. ↑ RGBl. No. 40 concerning the handling of disciplinary authority over advocates and advocacy candidates.
  6. ↑ See e.g. B. Disciplinary statute of June 28, 1990, ÖBGBl 474.
  7. ↑ RGBl. I p. 353
  8. ↑ RGBl. I p. 1406
  9. ↑ With the law of July 31, 1945 ( StGBl. No. 103/1945 ), the Lawyers' Act and the Disciplinary Statute as amended on March 13, 1938 were reinstated. Until elected bodies took office, the bodies were appointed by the State Office of Justice.
  10. ↑ The Austrian Constitutional Court (VfGH) has ruled in decision G31 / 2013 et al., V20 / 2013 et al., Item 3.3. That in the case of votes in plenary assemblies, the existing regulation of prospective attorneys on a qualified right to vote and have a say should be permissible, if the different weighting satisfies the objective requirement arising from the principle of equality and is compatible with the democratic principle resulting from Art. 120a and Art. 120c B-VG . The weighting of votes in Section 24 (3) last sentence RAO, however, violates these constitutional requirements, because the fundamental equality of votes inherent in the democratic principle is generally broken, without there being a corresponding objective reason for this and because there is no objective differentiating regulation depending on the subject of the decision and different levels of concern of the respective group of members of the Chamber (e.g. the regulations of the allocation and contribution regulations that only apply to trainee lawyers). If it is a matter of matters in which the trainee lawyers are not particularly affected, it is permissible to provide for different weighting of votes (see also Anwalt Aktuell , 6/13, p. 19 and 7/13, p. 5 , Archived copy ( Memento of the original from November 3, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this note. ). @1@ 2Template: Webachiv / IABot / www.anwaltaktuell.at
  11. ↑ There is therefore one lawyer for around 2,280 inhabitants .