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Re: [board-discuss] Rules of Procedure


On Mon, Feb 27, 2012 at 3:26 PM, Florian Effenberger
<floeff@documentfoundation.org> wrote:
Hi Norbert,

Norbert Thiebaud wrote on 2012-02-27 20:35:

but please point me to the law that said that a Stifung cannot enter
into any binding contract, have any internal procedures, that are not
written in german...


Those Rules of Procedure and the Community Bylaws are both
included/referenced via the legally binding statutes of a German entity.
While these two documents itself are not subject to approval by the
authorities as the statutes have been, of course the authorities need to
have a chance to read them, otherwise we could write totally contradictory
things inside. Like, in the German statutes we write that objective criteria
must be met, and in the Aramaic addendum we write "We only add members if we
they pay at least 1.000 € in donations".

Therefore a quick shot, although that might be the wrong quote:
§ 23 VwVfG, Verwaltungsverfahrensgesetz: "Die Amtssprache ist deutsch." =
"The official langage is German."

Section 1 Scope

(1) This Act shall apply to the administrative activities under public
law of the official bodies:

1. of the Federal Government and public law entities, institutions and
foundations operated directly by the Federal Government,

2. of the Länder and local authorities and other public law entities
subject to the supervision of the Länder where these execute federal
legislation on behalf of the federal authorities,

where no federal law or regulation contains similar or conflicting provisions.

(2) This Act shall also apply to the administrative activities under
public law of the authorities referred to in paragraph 1, no. 2 when
the Länder of their own authority execute federal legislation within
the exclusive or concurrent powers of the Federal Government, where no
federal law or regulation contains similar or conflicting provisions.
This shall apply to the execution of federal legislation enacted after
this Act comes into force only to the extent that the federal
legislation, with the agreement of the Bundesrat, declares this Act to
be applicable.

(3) This Act shall not apply to the execution of federal law by the
Länder where the administrative activity of the authorities under
public law is regulated by a law on administrative procedure of the
Länder.

(4) For the purposes of this Act "authorities" shall comprise any body
which performs tasks of public administration.


But even if it was applicable

Section 23 Official language

(1) The official language shall be German.

(2) If applications are made to an authority in a foreign language, or
petitions, evidence, documents and the like are filed in a foreign
language, the authority shall immediately require that a translation
be provided. Where necessary the authority may require that the
translation provided be made by a certified or publicly authorised and
sworn translator or interpreter. If the required translation is not
furnished without delay, the authority may, at the expense of the
participant, itself arrange for a translation. Where the authority
employs interpreters or translators, they shall receive remuneration
in accordance with the appropriate provisions of the Judicial
Remuneration and Compensation Act (Justizvergütungs- und
–entschädingungsgesetz, JVEG).

(3) If a notice, application or statement of intent fixes a period
within which the authority is to act in a certain manner and such
notifications are received in a foreign language, the period shall
commence only at the moment that a translation is available to the
authority.

(4) If a notice, application or statement of intent received in a
foreign language fixes a period for a participant vis-à-vis the
authority, enforces a claim under public law or requires the
fulfilment of an action, the said notice, application or statement of
intent shall be considered as being received by the authority on the
actual date of receipt where at the authority's request a translation
is provided within the period fixed by the authority. Otherwise the
moment of receipt of the translation shall be deemed definitive,
unless international agreements provide otherwise. This fact should be
made known when a period is fixed.

only means that if we wanted to enter the bylaws as evidence, we would
need to provide the german authority a translated version, not that
that translated version has to be our official 'master' version.

Norbert

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