Rechtspfleger performs more than 80 percent of the judicial process

written by Anne Kappl

On 27 May 2010, the chairman of the Association of the Austrian Rechtspfleger Agency Director Michael Lackenberger welcomed the invited guests of honor at the ceremony for the 40th anniversary of the association, which the Austrian Federal Minister of Justice, Mrs MA Claudia Bandion-Ortner, patron of the event, Agency Director Gerhard Scheucher, Chairman of the Central Committee, Thomas Kappl, President of the European Union of Rechtspfleger, as well as Peter Dam, chairman of the Federal Association of German Rechtspfleger, were among others.

The Federal Minister of Justice acknowledged the Austrian Rechtspfleger as the second pillar of the third power. The Rechtspfleger is an essential pillar of the Austrian judiciary in non-contentious proceedings as well as in enforcement matters. Without him the flood of procedures could not be overcomed. An appreciation of the profession is urgently needed by the education at the university for applied science.

Gerhard Scheucher, Chairman of the Central Committee, who is representing the interests of more than 6,000 judicial staff, called for the introduction of the education for Rechtspfleger at the university of applied science in his greeting address. The Rechtspfleger performs more than 80 percent of judicial proceedings.

He also stressed that the creation of the European Rechtspfleger, which is an essential task of the European Union of Rechtspfleger, will be supported by the Central Committee. In a single European judicial area judiciary needs this institution. This allows that the procedures will run more quickly and closer to the citizens at the courts. Austria will make an important contribution in order to achieve this target.

The President of the European Union of Rechtspfleger (E.U.R.) Thomas Kappl conveyed the greetings of the Board of the E.U.R. and of the members from 16 European countries and from Japan, Tunisia and Morocco. He described the Rechtspfleger as a unique profession, which is to be found can only in Austria and Germany in the world. The most important step in creating the Rechtspfleger in Austria was the anchor him in the Constitution. Only in Austria, we find the Rechtspfleger in addition to the judges in the Constitution. The factual independence is the basis of the jurisdiction. This positive development of the profession has an impact on the successful work of the E.U.R.. The Austrian Rechtspfleger contributes significantly to the achievement of the European idea in creating a European Rechtspfleger. The E.U.R.-President thanked the Austrian colleagues for their commitment and support of the E.U.R..

Finally the chairman of the Association of Austrian Rechtspfleger Michael Lackenberger thanked the speakers. He told about the history of the Association of Austrian Rechtspfleger, which is representing the interests of about 450 Rechtspfleger.

The Austrian Rechtspfleger is responsible for the payment order, the confirmation of legal force and enforceability of judgments, the decision on applications of legal aid in the proceedings, performing by Rechtspfleger and the performance of official acts under a legal assistance request of a domestic court or a national authority.

The Rechtspfleger also decides in enforcement matters and in personal bankruptcy as well as in proceedings on probate and guardianship (non-contentious proceedings). He is competent for decisions in the land register and register for companies. Lackenberger underlined the demand of the chairman of the Central Committee Gerhard Scheucher regarding the introduction of an education for Rechtspfleger at the university for applied science.

Before the event the E.U.R.-President was talking to the Federal Minister for Justice about the Green Paper of the E.U.R.. Both sides agreed to another meeting in the near future.

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