Administrative Agreement on the German Judicial Academy of
1 March 1993
The Federal Republic of Germany
and
the State of Baden-Württemberg,
the Free State of Bavaria,
the State of Berlin,
the State of Brandenburg,
the Free Hanseatic City of Bremen,
the Free and Hanseatic City of Hamburg,
the State of Hesse,
the State of Mecklenburg-Western Pomerania,
the State of Lower Saxony,
the State of North Rhine-Westphalia,
the State of Rhineland-Palatinate,
the Saarland,
the Free State of Saxony,
the State of Saxony-Anhalt,
the State of Schleswig-Holstein and
the State of Thuringia
enter into the following agreement:
1. Sponsorship
The German Judges’ Academy is jointly sponsored by the Federal Government and the Länder. It has a conference centre in Trier, a facility of the State of Rhineland-Palatinate, and a conference centre in Wustrau, a facility of the State of Brandenburg.
2. Tasks
The German Judges’ Academy provides supra-regional further training for judges of all branches of the judiciary and for public prosecutors. It aims to provide judges and public prosecutors with further training in their specialist fields and to impart knowledge and experience regarding political, social, economic and other academic developments.
3. Work Programme
The broad outlines of the German Judges’ Academy’s work programme are determined by the Programme Conference one calendar year in advance. In particular, the Programme Conference determines the number, duration and topics of the conferences to be held and specifies which judicial administrations are to be responsible for implementing the programme. The work programme, as outlined in its broad strokes, is implemented by the respective host state in accordance with the guidelines determined by the Programme Conference.
4. Programme Conference
In the Programme Conference, the Federal Ministry of Justice and each state judicial administration are represented by one vote; the German Judges’ Association (Association of Judges and Public Prosecutors), the Public Services, Transport and Communications Union* (Judges and Public Prosecutors Section) and the Association of German Administrative Judges participate in an advisory capacity. If no agreement is reached, the Programme Conference decides by a three-quarters majority of the votes. The Programme Conference is chaired by the state currently presiding over the Conference of Ministers of Justice.
*Now: VERDI trade union
5. Administration of the German Judges’ Academy
The German Judges’ Academy is headed by a Director based in Trier. He also carries out his official duties to an appropriate extent from Wustrau.
The Director shall be appointed for a fixed term by the Rhineland-Palatinate State Justice Administration, upon a joint proposal from the State Justice Administrations of Rhineland-Palatinate and Brandenburg, in agreement with the other State Justice Administrations and the Federal Ministry of Justice. He must be a judge, public prosecutor or senior civil servant qualified to hold judicial office. A qualified lawyer who has been appointed as a judge, public prosecutor or senior civil servant in the territory referred to in Article 1(1) of the Unification Treaty may also be appointed.
The Director advises the Programme Conference on the preparation of the annual programme, coordinates the conference schedule at both venues and supports the organising states in the planning and implementation of the conferences. He reports to the Programme Conference on the experience gained in the course of his duties and submits proposals for new training concepts.
The conference venues in Trier and Wustrau shall each be assigned an administrative manager and the necessary number of support staff in accordance with the respective budget. The administrative managers shall have the authority to issue instructions to the staff of the institutions under their management.
6. Financial Matters
The Federal Government and the Länder shall each bear half of the financial requirements for the running costs of the German Judges’ Academy that are not otherwise covered, subject to the approvals required under budgetary law. The running costs also include funds for building maintenance as well as for minor alterations and extensions. The share of the funding attributable to the Länder shall be raised jointly by them, two-thirds in proportion to tax revenue and one-third in proportion to the population of the Länder. Tax revenue shall be taken to mean the tax revenue of the Länder used as the basis for the fiscal equalisation scheme.
Tax revenue is increased or reduced by the amounts which the Länder receive from other Länder or pay to other Länder under the fiscal equalisation scheme. The tax revenue and the population figures determined by the Federal Statistical Office as at 30 June of the financial year two years preceding the financial year in question shall be decisive.
As long as the Länder of Mecklenburg-Western Pomerania, Brandenburg, Saxony-Anhalt, Thuringia, the Free State of Saxony and the Land of Berlin (with regard to its eastern part) are not included in the fiscal equalisation scheme, the transitional arrangement set out in the Annex shall apply.
The contributions of the Federal Government and the Länder shall be due in the course of each financial year in two instalments, on 31 May and 30 November, in accordance with the estimates in the budget plans. Any overpayments or underpayments in relation to the financial requirements resulting from the annual accounts shall be settled against the second instalment of the following financial year.
7. Budget
The Länder of Rhineland-Palatinate and Brandenburg shall each draw up a budget estimate for the institution located within their territory. The estimates shall then be agreed upon by a joint commission of the Länder of Rhineland-Palatinate and Brandenburg, consisting of representatives of the two judicial administrations and the Director of the German Judges’ Academy. The estimates for both sub-institutions shall be forwarded to the Federal Government and the other Länder as a single document. Their adoption requires the consent of the Federal Government and the consent of the Länder by a two-thirds majority.
The Länder of Rhineland-Palatinate and Brandenburg shall then each incorporate into their respective state budgets the portion of the approved budget estimate relating to the institution situated within their territory. The audit reports of the courts of audit of Rhineland-Palatinate and Brandenburg shall be forwarded to the Federal Government and the Länder.
8. Buildings
The buildings of the German Judges’ Academy owned by the Länder of Rhineland-Palatinate and Brandenburg, together with their furnishings, shall be made available to the Federal Government and the Länder irrevocably and free of charge for the purposes of the German Judges’ Academy.
9. Term
This agreement is concluded for an indefinite period. It may only be terminated with two years’ notice to the end of a calendar year; in such a case, the agreement shall remain in force between the remaining contracting parties.
Upon termination of this agreement, compensation shall be paid in accordance with the services rendered, insofar as these have led to the creation or increase of value. No financial settlements shall take place following the termination of a contracting party.
10. Expiry
Upon the entry into force of this agreement, the administrative agreements concluded by the Federal Republic of Germany and the State of Baden-Württemberg, the Free State of Bavaria, the State of Berlin, the Free Hanseatic City of Bremen, the Free and Hanseatic City of Hamburg, the State of Hesse, the State of Lower Saxony, the State of North Rhine-Westphalia, the State of Rhineland-Palatinate, the Saarland and the State of Schleswig-Holstein concerning the German Judicial Academy of 12 January 1973 shall cease to have effect.
11. Entry into force
This agreement shall enter into force on 1 January 1993.
Administrative Agreement on the German Judicial Academy of
1 March 1993
The Federal Republic of Germany
and
the State of Baden-Württemberg,
the Free State of Bavaria,
the State of Berlin,
the State of Brandenburg,
the Free Hanseatic City of Bremen,
the Free and Hanseatic City of Hamburg,
the State of Hesse,
the State of Mecklenburg-Western Pomerania,
the State of Lower Saxony,
the State of North Rhine-Westphalia,
the State of Rhineland-Palatinate,
the Saarland,
the Free State of Saxony,
the State of Saxony-Anhalt,
the State of Schleswig-Holstein and
the State of Thuringia
enter into the following agreement:
1. Sponsorship
The German Judges’ Academy is jointly sponsored by the Federal Government and the Länder. It has a conference centre in Trier, a facility of the State of Rhineland-Palatinate, and a conference centre in Wustrau, a facility of the State of Brandenburg.
2. Tasks
The German Judges’ Academy provides supra-regional further training for judges of all branches of the judiciary and for public prosecutors. It aims to provide judges and public prosecutors with further training in their specialist fields and to impart knowledge and experience regarding political, social, economic and other academic developments.
3. Work Programme
The broad outlines of the German Judges’ Academy’s work programme are determined by the Programme Conference one calendar year in advance. In particular, the Programme Conference determines the number, duration and topics of the conferences to be held and specifies which judicial administrations are to be responsible for implementing the programme. The work programme, as outlined in its broad strokes, is implemented by the respective host state in accordance with the guidelines determined by the Programme Conference.
4. Programme Conference
In the Programme Conference, the Federal Ministry of Justice and each state judicial administration are represented by one vote; the German Judges’ Association (Association of Judges and Public Prosecutors), the Public Services, Transport and Communications Union* (Judges and Public Prosecutors Section) and the Association of German Administrative Judges participate in an advisory capacity. If no agreement is reached, the Programme Conference decides by a three-quarters majority of the votes. The Programme Conference is chaired by the state currently presiding over the Conference of Ministers of Justice.
*Now: VERDI trade union
5. Administration of the German Judges’ Academy
The German Judges’ Academy is headed by a Director based in Trier. He also carries out his official duties to an appropriate extent from Wustrau.
The Director shall be appointed for a fixed term by the Rhineland-Palatinate State Justice Administration, upon a joint proposal from the State Justice Administrations of Rhineland-Palatinate and Brandenburg, in agreement with the other State Justice Administrations and the Federal Ministry of Justice. He must be a judge, public prosecutor or senior civil servant qualified to hold judicial office. A qualified lawyer who has been appointed as a judge, public prosecutor or senior civil servant in the territory referred to in Article 1(1) of the Unification Treaty may also be appointed.
The Director advises the Programme Conference on the preparation of the annual programme, coordinates the conference schedule at both venues and supports the organising states in the planning and implementation of the conferences. He reports to the Programme Conference on the experience gained in the course of his duties and submits proposals for new training concepts.
The conference venues in Trier and Wustrau shall each be assigned an administrative manager and the necessary number of support staff in accordance with the respective budget. The administrative managers shall have the authority to issue instructions to the staff of the institutions under their management.
6. Financial Matters
The Federal Government and the Länder shall each bear half of the financial requirements for the running costs of the German Judges’ Academy that are not otherwise covered, subject to the approvals required under budgetary law. The running costs also include funds for building maintenance as well as for minor alterations and extensions. The share of the funding attributable to the Länder shall be raised jointly by them, two-thirds in proportion to tax revenue and one-third in proportion to the population of the Länder. Tax revenue shall be taken to mean the tax revenue of the Länder used as the basis for the fiscal equalisation scheme.
Tax revenue is increased or reduced by the amounts which the Länder receive from other Länder or pay to other Länder under the fiscal equalisation scheme. The tax revenue and the population figures determined by the Federal Statistical Office as at 30 June of the financial year two years preceding the financial year in question shall be decisive.
As long as the Länder of Mecklenburg-Western Pomerania, Brandenburg, Saxony-Anhalt, Thuringia, the Free State of Saxony and the Land of Berlin (with regard to its eastern part) are not included in the fiscal equalisation scheme, the transitional arrangement set out in the Annex shall apply.
The contributions of the Federal Government and the Länder shall be due in the course of each financial year in two instalments, on 31 May and 30 November, in accordance with the estimates in the budget plans. Any overpayments or underpayments in relation to the financial requirements resulting from the annual accounts shall be settled against the second instalment of the following financial year.
7. Budget
The Länder of Rhineland-Palatinate and Brandenburg shall each draw up a budget estimate for the institution located within their territory. The estimates shall then be agreed upon by a joint commission of the Länder of Rhineland-Palatinate and Brandenburg, consisting of representatives of the two judicial administrations and the Director of the German Judges’ Academy. The estimates for both sub-institutions shall be forwarded to the Federal Government and the other Länder as a single document. Their adoption requires the consent of the Federal Government and the consent of the Länder by a two-thirds majority.
The Länder of Rhineland-Palatinate and Brandenburg shall then each incorporate into their respective state budgets the portion of the approved budget estimate relating to the institution situated within their territory. The audit reports of the courts of audit of Rhineland-Palatinate and Brandenburg shall be forwarded to the Federal Government and the Länder.
8. Buildings
The buildings of the German Judges’ Academy owned by the Länder of Rhineland-Palatinate and Brandenburg, together with their furnishings, shall be made available to the Federal Government and the Länder irrevocably and free of charge for the purposes of the German Judges’ Academy.
9. Term
This agreement is concluded for an indefinite period. It may only be terminated with two years’ notice to the end of a calendar year; in such a case, the agreement shall remain in force between the remaining contracting parties.
Upon termination of this agreement, compensation shall be paid in accordance with the services rendered, insofar as these have led to the creation or increase of value. No financial settlements shall take place following the termination of a contracting party.
10. Expiry
Upon the entry into force of this agreement, the administrative agreements concluded by the Federal Republic of Germany and the State of Baden-Württemberg, the Free State of Bavaria, the State of Berlin, the Free Hanseatic City of Bremen, the Free and Hanseatic City of Hamburg, the State of Hesse, the State of Lower Saxony, the State of North Rhine-Westphalia, the State of Rhineland-Palatinate, the Saarland and the State of Schleswig-Holstein concerning the German Judicial Academy of 12 January 1973 shall cease to have effect.
11. Entry into force
This agreement shall enter into force on 1 January 1993.
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