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Page 1 of 90 Print Evaluation 17/09/12 Print Evaluation Page 1 of 90 COMMISSION EUROPEENNE POUR L'EFFICACITE DE LA JUSTICE (CEPEJ) QUESTIONNAIRE POUR ÉVALUER LES SYSTÈMES JUDICIAIRES2011 http://www.cepej.coe.int/EvaluationGrid/WebForms/PrintEvaluation.aspx?idevaluation= ... 17/09/12 Print Evaluation Page 2 of 90 Pays : Allemagne Correspondant national Nom Prénom : BUGEL Jens Profession : Organisation : MJU E-mail : Bü[email protected] N° Téléphone : http://www.cepej.coe.int/EvaluationGrid/WebForms/PrintEvaluation.aspx?idevaluation= ... 17/09/12 Print Evaluation Page 3 of 90 1. Données démographiques et économiques 1. 1. Généralités 1. 1. 1. Habitants et informations économiques 1) Nombre d’habitants (si possible au 1er janvier 2011) 81 751 602 2) Total des dépenses publiques annuelles au niveau national et le cas échéant, les dépenses publiques des collectivités territoriales ou entités fédérales (en €) - (Si la donnée n'est pas disponible, veuillez indiquer NA. Si la situation n'est pas applicable dans votre pays, veuillez indiquer NAP) Montant Niveau national 353 299 000 000 Niveau territorial / 485 706 000 000 entités fédérales (total pour l'ensemble des niveaux territoriaux/entités fédérales) 3) PIB par habitant (en €) 30 566 4) Salaire moyen brut annuel (en €) 44 532 5) Taux de change de la monnaie nationale (zone non Euro) en € au 1 janvier 2011 A.1 Veuillez indiquer les sources des réponses aux questions 1 à 4 et, le cas échéant, tout commentaire relatif à l’interprétation des données fournies: 1. Statistisches Bundesamt, Wiesbaden. Online database.(31.12.2010) 2. Federal Statistical Office, Statistical Yearbook for the Federal Republic of Germany (Statistisches Bundesamt, Statistisches Jahrbuch für die Bundesrepublik Deutschland 2011), Table 23. 3. Calculated on the Basis of Federal Statistical Office, Statistical Yearbook 2011 for the Federal Republic of Germany (Statistisches Jahrbuch für die Bundesrepublik Deutschland 2011), Table 24 and the answer to question no. 1. 4. The figure refers to the average gross income of private households per month (€ 3.711) in 2009 (x12), excluding households of the self-employed and farmers and households with a monthly income of € 18 000 and above. Source: Federal Statistical Office, Statistical Yearbook 2011 for the Federal Republic of Germany (Statistisches Bundesamt, Statistisches Jahrbuch für die Bundesrepublik Deutschland 2011), Table 22.2.1. 1. 2. Données budgétaires relatives au système judiciaire 1. 2. 1. Budgets (tribunaux, ministère public, aide judiciaire, frais) 6) Budget public annuel approuvé pour le fonctionnement de l’ensemble des tribunaux, en € (si possible sans le budget du ministère public et de l’aide judiciaire) : TOTAL du budget public annuel approuvé pour le fonctionnement de l’ensemble des tribunaux Oui 7 789 169 914 (1 + 2 + 3 + 4 + 5 + 6 + 7) 1. Budget public annuel alloué aux salaires Oui 4 758 375 002 (bruts) 2. Budget public annuel alloué à l’informatisation (équipements, Oui 161 650 654 investissements, maintenance) 3. Budget public annuel alloué aux frais de justice (frais d'expertise, d'interprètes, etc.), Oui 1 712 187 748 sans l’aide judiciaire. NB: ne concerne pas les taxes et frais à payer par les parties. 4. Budget public annuel alloué aux bâtiments des tribunaux (maintenance, budget de Oui 315 904 319 fonctionnement) 5. Budget public annuel alloué à http://www.cepej.coe.int/EvaluationGrid/WebForms/PrintEvaluation.aspx?idevaluation= ... 17/09/12 Print Evaluation Page 4 of 90 l’investissement en nouveaux bâtiments Oui 65 625 004 (tribunaux) 6. Budget public annuel alloué à la formation Oui 56 770 990 7. Autres (Veuillez préciser) Oui 718 656 197 7) Dans le cas où vous ne pouvez pas distinguer le budget du ministère public et de l’aide judiciaire du budget alloué à l’ensemble des tribunaux, veuillez l’indiquer clairement. Si "autres", veuillez le préciser : Baden-Württemberg: The figures above also include the expenditure of the public prosecution offices, which is not separately recorded. Expenditure on legal aid has been removed from the calculation. Bavaria: Ordinary courts: The budget of the public prosecution offices cannot be presented separately. Social and labour courts: The figures on the public annual budget for basic and further training consist exclusively of further training costs. The training costs cannot be shown separately. Finance courts: Legal aid cannot be shown separately, and is included in the court costs (estimation: roughly € 4,000 per year). Administrative courts: The expenditure for legal aid cannot be separated from the budget approved for the Bavarian administrative courts. Brandenburg: For information on the approved annual budget for all courts (not including the budget for the public prosecution office and legal aid), the data have been estimated unless shown separately in the budget plan. Item 6 No. 3 shows amongst other things all expenditure for experts, interpreters, witnesses, legal advice, disbursements in insolvency proceedings and legal matters, accommodation of juveniles in homes in order to avoid remand detention, compensation and damages paid to third parties, as well as remuneration for guardians and custodians. Item 6 No. 7 covers all other budget items, such as costs for official trips, expendables, appliances and facilities, vehicles, benefits in accordance with the Rehabilitation Act (RehaG), etc. Bremen: Other personnel expenditure (honorary, as well as in an auxiliary profession, aid benefits, etc.), material administrative expenditure (supplies, postal services, working clothes, equipment, etc.). Hamburg: The amount at “Other” includes expenditure for central directorship; central further training and training, as well as expenditure for the office and business equipment, including the libraries. The staff costs for trainee jurists, as well as for the examination offices, are included in item 1. Hesse: The information above does not include the budget for the public prosecution office and legal aid. “Other” includes the non- monetary resources and investments not stated at Nos. 2 to 6. Mecklenburg-Western Pomerania: No information. Lower Saxony: No information. North Rhine-Westphalia: The expenditure for the public prosecution offices is estimated together with the expenditure of the courts. It is not possible to show it separately. Regarding “Other”: Rent and lease of official buildings 134,716,300 € Refund of expenses, remuneration for guardians, curators and custodians 188,300,000 € Communication (largely service/postal costs 46,956,800 € expenditure for temporary accommodation 10,290,000 € Other personnel expenditure (e.g. honorary judges, compensation of the bailiffs, etc.) 59,072,000 € Other administrative expenditure (supplies, books pp) 40,980,600 € Rhineland-Palatinate: Cannot be separated. Saarland: Only estimates for the staffing and materials expenditure budget can be shown separately for the chief public prosecution office and the public prosecution office (i.e. not including statutory expenditure), cf. enclosure The assessment of legal aid takes place in “Expenditure on legal matters” for the courts and public prosecution offices in Chapter 02 60 item 532 01. The total estimate for 2010 was € 16.6 million; total “as is” expenditure was 17,575,341.60 €. The estimate for sub-item 532 01 A “Legal aid” was € 9 million, whereas “as is” expenditure in 2010 was € 8,965,691.72. Saxony-Anhalt: It is not possible to separate for 2010 the budget estimates assessed for the courts and public prosecution offices. It will however be possible to show and make available corresponding data in future with the introduction of output-orientated budgeting in all ordinary courts and public prosecution offices from the budget year 2012. It is not possible to show the expenditure for legal aid estimated in the budget plan separately because of the budget system (item structure). Re No. 7. Other This contains all expenditure the of main group 4 (personnel expenditure, including pension expenditure), 5 (material administrative expenditure), 6 (allocations and subsidies), 8 (investments) and 9 (special expenditure on financing – pension fund), which are estimated in the court chapters in individual plan 11 unless they are already separately shown at Nos. 1 to 6. Saxony: Items where “NA” is stated in Question 6 cannot be shown separately by the public prosecution offices. Re “Other”: Compensation to honorary judges and lay judges; compensation to honorary staff in the social service of the judiciary; remuneration for overtime and additional work by staff; separation allowance and remuneration of moving costs; http://www.cepej.coe.int/EvaluationGrid/WebForms/PrintEvaluation.aspx?idevaluation= ... 17/09/12 Print Evaluation Page 5 of 90 compensation to enforcement agents; supplies, items of equipment (not including computer equipment); letter and parcel fees, other telecommunication fees; supplies and post fees; running of official vehicles; personal items of equipment and expendables; running of official vehicles and expendables; management of the plots of land, buildings, rooms; rents and leases; maintenance of the plots of land and buildings; refunding of travel expenses; travel costs; moving and transfer costs of offices; third-party services; mixed administrative expenditure; expenditure on items deposited; refund of administrative expenditure to Länder; allocation to the generation fund; compensation (also ex bono) to accused persons in criminal matters; acquisition of official vehicles; Acquisition of appliances, items of equipment. Schleswig-Holstein:
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