THE QUERY PROJECT - European Commission - Europa

More documents

Recommendations

Info

. The Research Results of the QUERY Project Co u n t R y R E P o R t S 1
Co u n t R y R E P o R t S 0 .1 Country Status Reports QUERY, Phase 1 Qualification of European Reconstructionists Budapest workshop, Nov 4, 2004 Austria Univ. Prof. Dl Dr. Ernst Pfleger, ernst.pfleger@unfallforschung.at Qualification The system of experts in Austria is regulated by the “Federal Law of Officially Sworn and Legally Certified Experts and Translators” (SDG)”. (BGB1. Nr.137/1975 idgF.). In order to become a registered expert, the following general requirements of competence need to be fulfilled: physical and mental aptitude, trustability, the Austrian or citizenship of other European Union Member State, as well as the citizenship of other contracting states of the Treaty on the European Economic Area. In addition to that, the membership in the Swiss Confederation, the residency or place of work in the district of registration, and orderly economic conditions, are possible preconditions for registration. To become registered, the applicant needs to meet the following professional requirements: He or she needs to possess expert knowledge of the desired field of expertise, as well as the core regulations of the procedural law, and the expert system as such. Furthermore, he or she is required to have skills in accumulating evidence and laying out a coherent and comprehensible expertise. Moreover, the authorities ask for a ten-year professional practice in a responsible position in a destined or related field of activity, immediate before registration. However, in cases in which the applicant has graduated from Technical University or holds a Higher Vocational School Degree, a five-year practice of that kind is demanded. For example, in the field of “Roadworthiness” a broad technical training including mechanical and physical engineering is recommended. Respective knowledge of apperception psychology is also called for Expert Registration The registration of experts in a particular expert list, is carried out by the presidents of state courts in the applicant’s place of work. In the course of enrolment, the chairman of a court of law obtains an expertise by an independent commission, in order to examine the applicant’s competence, his or her professional qualification and the knowledge of the processes of regulation. The commission comprises a judge as its chairman and two specialists who have either been appointed by the chamber or the legal lobby of the respective specialist area, and the Austrian Association of Publicly Sworn and Certified Experts. The commission is to examine the applicant orally, if need be, also in written form, whereas he or she can be asked to deliver a test expertise. For purposes of exam preparation, the Austrian Association of Officially Sworn and Legally Certified Experts offers introductory seminars in judicial training that are considered a precondition for admission. In contrast, applicants with an academic qualification in the respective field from an EU-Member-State university, a contracting state of the Treaty on the European Economic Area, or the Swiss Confederation, are considered sufficiently qualified so that this part of the exam does not apply for them. This holds also for those applicants whose professional code entitles them to making expertise (i.e. Specially Certified Engineers). After a passed exam, the expert is to be sworn in which obliges him or her to make a thorough and complete investigation, and deliver an expertise to the best of one’s knowledge and in accordance with the rule of science. Furthermore the expert is sworn to impartiality and thus obliged to equally consider both sides of the evidence. In addition to guaranteed quality of expertise, the official certification has the effect that the expert need not take an oath at the court. For the purpose of identification, the expert receives an ID card with a photo containing such important information as (dates, field of expertise, limitation, etc.) which he/she has to carry on him/her while on duty. The written reports are to be stamped with a round stamp containing at least the expert’s name and the title “Officially Sworn and Legally Certified Expert”. Furthermore, additional specification such as the person’s field of expertise, or its equivalent code would be useful. The expert registration for a particular field of expertise lasts for five years, and can be extended upon request for an additional ten years. Since the renewal can only happen when the (SDG) criteria are met, it is necessary for the expert to upgrade his or her knowledge through further training. Alongside a regular control of the expert’s activity by the courts, on particular occasions, a new verification can be requested. For the purpose of quality assurance, a personal education book has been introduced in which the Austrian Association of Experts records the expert’s further training. An entry into that book is made after an evaluation by the State Associations of the person’s attendance of pertinent courses concerning either general issues of the expert system, or lectures and publications related to his or her field of expertise The Status of Expert The expert in Austria is an independent and an impartial sworn body aiding the courts in both criminal and civil proceedings. In contrast to some European legal systems, where the expert’s opinion is treated like any other type of witness evidence, the expert, in Austrian procedural law, is not only a source of more authentic evidence, but also a helper to the court and the judge’s assistant providing him or her with necessary expert knowledge. In such a way, the expert has a great effect on the judge’s fact finding. Even though the expert remains an exhibit, however, because of the increasing complexity of fact finding the judge’s consideration of evidence relies greatly upon his or her expertise Furthermore, is the consultation of a legally certified expert for the purpose of private opinion, whose sorting out effect is a relief to the courts, also in the interest of the expert himself. Such private opinions are increasingly brought forward for refutation of findings of legal expert evidence. It also depends greatly on the expert’s authority whether a further legal opinion is requested or not. However, because of the standardized certification since
Page 1 and 2: THE QUERY PROJECT Developing Guidel
Page 3 and 4: I M P R I n t Part financed by the
Page 5 and 6: Co n t E n t S Contents Preface . .
Page 7 and 8: P R E fAC E Preface Road accidents
Page 9 and 10: t h E P R o P o S A l I Accident Sc
Page 12 and 13: . The QUERY Project - Developing Gu
Page 14 and 15: .1. ThE RECONSTRUCTIONIST wIThIN Th
Page 16 and 17: . Progression . .1 QUERY PhASE I .
Page 18 and 19: . . . Conference QUERY Phase II, Br
Page 22 and 23: 01.01.1999, the room for argumentat
Page 24 and 25: Professional association such as CE
Page 26 and 27: • Bradáč A. and Col.: Expert St
Page 28 and 29: The supervision of the certificate
Page 30 and 31: There is in addition to that a bunc
Page 32 and 33: annual reports and preliminary repo
Page 34 and 35: United kingdom Richard Lambourn rla
Page 36 and 37: Germany Wolfgang Hugemann, wolfgang
Page 38 and 39: in order to estimate the possibilit
Page 40 and 41: working conditions The labour legis
Page 42 and 43: Italy Cinzia Cardigno, dr. ing. cin
Page 44 and 45: working conditions The forensic exp
Page 46 and 47: • to complement its analysis, if
Page 48 and 49: Poland Jan Unarski junarski@ies.kra
Page 50 and 51: working conditions Practicalities n
Page 52 and 53: values. Point values are harmonised
Page 54 and 55: Spain Juan Carlos Iribarren Vera Ce
Page 56 and 57: one expert opinion in a trial. If t
Page 58 and 59: While in some countries, more than
Page 60 and 61: 26) In principle, would you agree t
Page 62 and 63: 36) How many years does university
Page 64 and 65: 43) If you mentioned professional o
Page 66 and 67: 53) How many years' work experience
Page 68 and 69: a) effect of certification - privat
Page 70 and 71:
73 & 74) What is the hourly rate of
Page 72 and 73:
In the same countries as above, as
Page 74 and 75:
When asked how frequently a reconst
Page 76 and 77:
. .6. Confidentiality of Private Ex
Page 78 and 79:
In close to half of the countries,
Page 80 and 81:
114) Approximately what percentage
Page 82 and 83:
. . RECONSTRUCTIONISTS’ wORkING f
Page 84 and 85:
Academic Research 46% of respondent
Page 86 and 87:
LU I would consider as important an
Page 88 and 89:
FR Favorize co-optation (Nomination
Page 90:
Responses to question 135: possible
Page 93 and 94:
t R A n S l At I o n S o f t h E P
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
1 0
Page 134 and 135:
6. Appendices A P P E n D I C E S 1
Page 136 and 137:
Appendix II Agenda QUERY Phase II w
Page 138 and 139:
accident analysis: see -> accident
Page 140 and 141:
Appendix ‘D’, Forensics for Col
Page 142 and 143:
• In connection with night-time p
Page 144 and 145:
21) Please tell us, in percentages,
Page 146 and 147:
67) Is the ISO standard and its acc
Page 148 and 149:
108) If it is the judge who makes t
Page 150 and 151:
1. Name and Registered Office The a
Page 152 and 153:
the Executive Committee three years
Page 154:
The European Association for Accide
show all

THE QUERY PROJECT - European Commission - Europa

Create successful ePaper yourself

Delete template?

Save as template?