Does the Croatian Justice decide for the Rechtspfleger?

On 24 February 2010 „the International Conference about the institution of Rechtspfleger according to German and Austrian right and comparable institutions in Croatia“ took place in Zagreb. It was organized by the German Foundation for International Legal Co-operation (IRZ foundation). Since the establishment in 1992 the IRZ supports the reformation of juridical system and judiciary of partnership countries of Germany on behalf the Federal Government of Germany.

The European Union of the Rechtspfleger (E.U.R.) thanked the representative of the IRZ, Mrs. Petra Fortuna, for the possibility of presenting the Green Paper for a European Rechtspfleger, written by the E.U.R.. Mrs. Heidi Hell, General Secretary of the E.U.R., who represented Mr. Thomas Kappl, the President of the E.U.R., who could not take part because of health reasons, spoke about the efforts of the European Union of Rechtspfleger of the introduction of a uniform European model of Rechtspfleger in order to arrange justice more efficient in a uniform area of law in Europe.

In a further paper Mrs. Hell described the historical development of the career profile of the Rechtspfleger in Germany from the clerk of court to the essentially independent institution of the justice. She informed about Rechtspfleger’s status and tasks as well as the training for this responsible profession.

Mr. Werner Gschwandtner, Amtsdirektor of the Higher Regional Court of Linz, reported about the development, which lasted in the meantime 84 years, and the current profession of Rechtspfleger. He noticed, that in our neighbour country the career profile of Rechtspfleger was also introduced for the discharge of the judges - as in Germany - and stressed, that today at the Austrian courts 85 % of all cases are settled by the Rechtspfleger.

Mr. Dipl.Rpfl and Ministerialrat in retirement, Jörg Weike, reported about the experiences during the introduction of the institute of Rechtspfleger in the GDR, Estonia, Poland and Bosnia-Herzegovina. In 2001 Bosnia-Herzegovina decided to assign the land register to independent courts and to let settle it by so-called land register advisers. Mr. Weike reported also about his support, which lasted three years.

After then the professors of the Jurisprudential Faculty of the University of Zagreb argued with the introduction of Rechtspfleger in the Croatian juridical system. Mrs. Professor Dr. Jasnica Garašid, Mrs. Dr. Aleksandra Maganid, Mrs. Professor Dr. Tatjana Josipovid and Mr. Professor Dr. Alan Uzelac were talking about the different points of view of the change of the Croatian juridical system.

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