Section 82 Appeal on points of law in disciplinary proceedings

(1) An appeal on points of law shall be lodged with the court whose judgment is being contested within two weeks after service of the judgment or after service of the ruling on leave to appeal on points of law in writing or through a statement which shall be taken down in writing at the court registry, and reasons shall be given therefor within two weeks at the latest. The reasons shall contain an indication of the extent to which the judgment is being contested, of the amendments to the judgment that are being applied for and of how these applications are substantiated. Section 80 subsection (3) shall applymutatis mutandis.

(2) The Federal Service Court shall adhere to the findings of fact made in a contested judgment unless admissible and substantiated grounds are submitted for an appeal on points of law against such findings.

(3) Section 144 subsection (1) and section 158 subsection (1) of the Rules of the Administrative Courts shall apply mutatis mutandis. The judgment can only provide for the dismissal of the appeal on points of law or for the quashing of the contested judgment.

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Section 83 Procedural provisions

Disciplinary proceedings, transfer proceedings and scrutiny proceedings shall be regulated in accordance with section 63 subsection (2), section 64 subsection (1) and sections 65 to 68. Provision may be made under Land legislation in respect of court fees for disciplinary matters pertaining to judges in the service of a Land.

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Section 84 Constitutional judges

Land law shall determine the extent to which this Act shall apply to the members of the constitutional court of a Land.

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FOURTH PART Transitional and concluding provisions

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First Chapter Amendment to federal law

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Sections 85-103
(Amending and repealing provisions)

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Section 104 Reference to repealed provisions

In so far as reference is made in other acts and ordinances to provisions or designations which are repealed on account of this Act, they shall be replaced by the corresponding provisions or designations in this Act.

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Second Chapter Transformation of legal relationships

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Section 105 Transitional provisions in respect of judges for life and judges for a specified term

(1) Whoever was given civil service status for life or for a specified term before the entry into force of this Act and holds permanent judicial office shall have the legal status of a judge for life or for a specified term within the meaning of this Act.

(2) Whoever was not qualified to hold judicial office upon the entry into force of this Act may continue his employment at a court only in accordance with the provisions applicable until the entry into force of this Act.

(3) Whoever took an oath after 8 May 1945 on the occasion of the transfer of judicial office shall be exempt from the obligation to take the judicial oath (section 38).

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Date: 2015-12-24; view: 992