Web-based electronic legal communication
The web-based electronic legal communication, webERV for short, is an e-justice or e-government service of the Austrian judiciary that has been offered since January 1, 2007 . It represents an extension of the previously existing electronic legal traffic service and replaced it in 2009. This enables paperless electronic communication with Austrian courts. The main application is so-called dunning actions as well as applications for enforcement (applications for enforcement), applications to the commercial register and applications to the land register.
A special form of paperless communication with Austrian courts is also offered for experts and court interpreters by the document delivery service (DES) as part of the justice process automation. While the ERV is generally mandatory to use for lawyers, notaries, banks and insurance companies, experts are generally not required to use the DES, for interpreters it is only to be used on a voluntary basis.
target
The webERV enables submissions to be submitted to Austrian courts via the Internet. This was also previously possible using the previous system "Electronic legal traffic" (ERV). However, this was based on a dial-up connection using a modem and a proprietary communication protocol.
The webERV is supposed to expand the possibilities of the ERV, bring it up to date and simplify the handling of the system, in particular the implementation and maintenance of software systems for it, by using common standards such as XML and HTTP .
WebERV should enable the following:
- Sending (bringing in) of pleadings or requests or submitting in XML format to Austrian courts
- Receipt of delivery items in XML format from Austrian courts. These delivery items are called "return traffic".
- Access to these services via the public internet
- Login to the system with digital certificates
Legal basis
The legal basis of the webERV, as well as the former CAO, is found in § 89a et seq Court Organization Act . The details are regulated in the ERV Ordinance 2006 (Federal Law Gazette II No. 481/2005 with various amendments). The Lawyers' Act provides in Section 9 (1a) the obligation of lawyers to participate in electronic legal transactions.
technology
Communication with the server takes place via HTTP over the public Internet, with XML documents being transmitted by web services (partly based on SOAP ). The transmission is encrypted using SSL . The user is authenticated by the electronic signature using a digital certificate .
The webERV only provides an interface. These can be accessed by programs, typically law firm software in law firms and notaries' offices.
Expansion stages
At the time of commissioning, only the communication form consignor → court and court → consignor was possible. Einbringer stands for the person who engages in electronic communication with courts (e.g. lawyers or notaries, but also legal departments in large companies and debt enforcement). As an expansion stage, the lawyer → lawyer communication form was put into operation from July 1, 2008. This form of communication is regulated by law in Austria as Section 112 ZPO delivery. The § 112 ZPO delivery is implemented with webERV technology, but is not expressly designated as part of the webERV by the Federal Ministry of Justice. Furthermore, from July 1, 2008, auditing associations, tax consultants and other groups may submit annual financial statements to the commercial register courts via the webERV.
As a further expansion stage, the land register procedure has been possible since February 1, 2009. As of November 1, 2009, lawyers and notaries are obliged to use them. From October 2011, the use of the webERV is also mandatory for banks and insurance companies.
Furthermore, the European dunning procedure has been integrated into the Austrian webERV and is mandatory for lawyers in the case of national application.
In addition, from July 2012, electronic administrative deliveries will be integrated into the ERV, but these are not mandatory for any group, but only on a voluntary basis.
The Constitutional Court has been connected to the ERV system since the beginning of April 2013. The ERV with the Federal Administrative Court began on October 1st. The start of operations with the Administrative Court is expected in November 2014.
Compulsory participation for statutory social insurance will apply from January 1, 2014.
Private sector components
Due to an agreement between ERV service companies, the manufacturers of legal software, well-known Austrian insurance companies and the bar associations (represented by their subsidiary Archivium), it has been possible since mid-2010 to send claims reports and coverage requests from lawyers to certain legal expenses insurers.
Linguistic
On closer examination of the language, the designation webERV is actually misleading, as this communication service is not offered on the WWW , but runs via web service ( SOAP / XML ) mechanisms. The Ministry of Justice is therefore currently considering changing from the designation webERV to ERV. In practice at courts and lawyers etc., the designation ERV for webERV is already common.
