Cost compensation for bailiffs due to the implementation of electronic court services
North Rhine-Westphalia (NRW), like other German states, is transitioning to electronic legal proceedings to improve efficiency, but this shift has brought forth additional costs for bailiffs.
The current remuneration for bailiffs is determined by the Regulation on the Remuneration of Female and Male Bailiffs, but there are concerns that the structure may need review or adjustment due to the introduction of electronic legal proceedings.
Additional Costs for Electronic Legal Proceedings
The digital transition in NRW has led to additional expenses for bailiffs, including costs for IT infrastructure, electronic communication, and training. However, the reimbursement mechanism for these costs is still under development.
Traditionally, costs incurred by bailiffs are reimbursed according to the Kostenordnung (Cost Regulation) and the Gerichtsvollzieherkostenordnung (Bailiff Cost Regulation). Currently, there is recognition of electronic-related costs, but explicit, uniform reimbursement rules for all additional electronic expenses are still evolving.
The Situation in NRW
In NRW, courts and enforcement authorities have been integrating electronic files and mail delivery, with some adjustments to reimbursements to reflect increased electronic communication activities. Specific allowances or fees for electronic services by bailiffs may be included or adapted within revised cost schedules or through supplementary administrative guidance.
However, comprehensive and standardized additional reimbursement specifically targeting all electronic-process-related costs for bailiffs is not universally established yet.
Recent Developments
There have been ongoing discussions at the state level about adjusting the reimbursement framework to adequately cover electronic procedure costs. Some pilot projects or regulations may introduce lump-sum allowances or fee modifications, but these are still subject to implementation and legislative review.
Call for Review
SPD Legal Expert Sonja Bongers has suggested that these costs should be reimbursed and has emphasized the need for an official evaluation to determine the one-time costs for equipment acquisition and office restructuring. Bongers has called for a review or adjustment of the current remuneration structure for bailiffs due to the introduction of electronic legal proceedings.
Bongers made these statements in the Düsseldorf State Parliament, emphasizing the urgency to address these issues to ensure fair remuneration for bailiffs in light of electronic legal proceedings. If the remuneration is insufficient, there is a possibility of a Hardship Application according to § 5 GVVergVO.
Fair Remuneration for Bailiffs
Bailiffs perform duties for the common good, not voluntarily or for their own enjoyment. The Remuneration Ordinance for Bailiffs, introduced in 2014, does not account for the costs incurred by electronic legal proceedings. Therefore, it is crucial for the justice system to adapt to technological advancements to ensure fair remuneration for bailiffs.
The transition to electronic legal proceedings in North Rhine-Westphalia has led to additional costs for bailiffs, such as IT infrastructure, electronic communication, and training, but the reimbursement mechanism for these costs is still under development. SPD Legal Expert Sonja Bongers has called for a review or adjustment of the current remuneration structure for bailiffs due to the introduction of electronic legal proceedings, as the Remuneration Ordinance for Bailiffs, introduced in 2014, does not account for costs incurred by these advancements.
