German Federal Minister of Justice supports the plan of the E.U.R.

A report by Anne Kappl

On 22 April 2010 the President of the European Union of Rechtspfleger Thomas Kappl over handed the Green Paper for a European Rechtspfleger to the German Federal Minister of Justice, Ms. Sabine Leutheusser-Schnarrenberger.

Mrs Leutheusser-Schnarrenberger has taken the green paper with great interest and said that the European work of the E.U.R. has an enormous importance to make the judiciary more efficient and closer to the citizens in Europe.

Kappl stressed, that in the meanwhile we have got in Europe and around the world a financial and economic crisis. Since the beginning of the crisis, the judiciary has to consider how a good answer can be found on the challenge caused by the current crisis. In Europe the judicial systems have to be strengthened with a new job, which is in a position to decide independently to relieve the judge. The current financial and economic crisis will have a significant impact on the judicial systems in Europe. In the next few months the number of judicial proceedings will increase. This increase will lead to an overloading of the judicial systems of European countries, particularly in national and European summary proceedings for payment order, in bankruptcies, in enforcements, in judicial sales, in the land register and in the commercial register.

In Germany the probate proceeding has to remain a proceeding, for which the Rechtspfleger is competent. It must not be transferred to the notaries, because the efficiency of courts and the proximity to the citizens will be affected. The Ministry sees the transfer of the probate proceedings to notaries as a legal regulation that does not comply with the Constitution. As far as the transfer is regulated by law, the Federal Constitutional Court will have to check the unconstitutionality due to a constitutional appeal.

The President of the E.U.R. asked the Minister, to point out the Green Paper to her European colleagues and to support the profession of the European Rechtspfleger. The Minister will do so in individual discussions.

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