Work program of the research center

Description of the individual projects

Overview

Modern bailiff education and development and federal standardization of modern academic education

 Uniform federal education and training in a federalist state
 Expansion of (status) federal law (see so far only §§ 154, 155 GVG)
 Parallels to judicial court officer education and training (see RPflG)

Demand for a (nationwide) bailiff law

 See in particular the aspect of "enforcement action as an impact on fundamental rights"
 Cf. connection between jurisdiction standards (see § 753 (1) ZPO and § 154 GVG) and the issue of modern academic education

Transfer of the debt enforcement from the judicial court officer to the bailiffs

 Federal Minister of Justice: Mandate to develop a legislative proposal in the BMJ
 Effects on and requirements for the future organization of bailiff education and training

Other possible changes and transfers of duties in the respective relationship between judge, judicial court officer and bailiff

 Transferability of tasks within the civil justice system (education concept of all human resources of justice system?)
 Effects on and requirements for the future design of bailiff academic education and training

Alternatives to state enforcement / problem of enforcement by private debt collection services that does not comply with the rule of law

 Relationship between private debt collection services and state enforcement, in particular by bailiffs
 Lack of commitment to fundamental rights on the part of private debt collection services versus interference with fundamental rights and protection of constitutional rights by state enforcement bodies

Enforcement protection according to § 765a ZPO

 Fundamental need for reform and specific proposals for change (?)
 Significance of the current BVerfG case law for the interpretation and application of the enforcement protection standard, see only BVerfG, decision of 14.12.2023, case reference: 2 BvR 1233/23 (requirement for the assessment of § 765a ZPO to the enforcement court, consideration of the influence and value decisions of fundamental rights)
 Relevance for training issue - keyword "overburdening" of state enforcement bodies already as a result of extensive and difficult case law of the BVerfG as the federal supreme constitutional court

Electronic civil procedure and electronic civil justice (ERV) and digitization in enforcement proceedings

 Recording the current status of the ERV as electronification of civil procedure and and civil justice
 Opportunities and risks of the ERV, effects on enforcement law?
 Concept proposals for the further development of the ERV
 Problem: Digitalization of the past?
 Future question of the ERV: Meaningful "compulsion" to (further) digitalization or ERV as an alternative to paper-based civil justice?