Types of experts
- Publicly appointed and sworn experts: These are mainly experts who are appointed by the courts and commissioned to prepare an expert opinion.
- Certified experts: These are certified assessors, through a private certification body, who have acquired the qualifications for a specific subject area. They are subject to an extensive catalogue of duties by their respective certification body.
- Officially recognized experts: Experts mostly appointed by the Federal Government or the Länder and official testing organisations. Vehicle appraisers also usually fall into this category if they carry out individual acceptance tests or appraisals for individual operating permits.
- State-approved experts: Also experts employed by some federal states, for example for testing sound and heat insulation and structural fire protection. The experts are recognised by chambers of architects and engineers, among others.
- Experts recognised under private law: The last - and perhaps the most diverse - group includes all experts who organise themselves into associations under private law and then act as association experts. For this purpose, various private-law organisations usually require entrance examinations in which the expertise of the experts in the special fields is examined. Some associations demand the annual obligation to further train the expert for quality assurance purposes.
Publicly appointed and sworn experts
The public appointment and swearing-in by an appointment body is the public-law recognition of an above-average qualification and seriousness of experts.
The purpose is to create confidence among private and public clients in the competence of publicly appointed experts. Legal bases are §§ 36, 36a GewO, Landesarchitekten- sowie Ingenieurgesetze and § 91 Nr. 8 HWO as well as the expert regulations of the appointing chambers, which are designed as statute law and contain a comprehensive list of duties and compliance with which the appointing chamber supervises as supervisory authority.
Publicly appointed experts are sworn to provide their expert services independently, without instructions, personally, conscientiously and impartially and are bound to secrecy. In accordance with the codes of procedure in court proceedings (§ 404 para. 2 ZPO, § 73 para. 2 StPO, § 173 VwGO). Experts must be appointed for a public Order special prove expertise, practical experience and personal suitability. This is demonstrated by the appointing body at the time of the first appointment and after expiry of the appointment, which is regularly limited to 5 years, also in the case of a new appointment checked.
Subject areas, tasks and scope of the public appointment
Publicly appointed experts shall provide expert opinions and other expert services, such as advice, supervision, review, certification, and arbitration and arbitration activities. The public appointment is valid nationwide.
In addition to some formal requirements, experts for public appointment must, in addition to physical and mental capacity, have the subject for which they would like to be publicly appointed, demonstrate above-average specialist knowledge. In addition, practical experience and the ability to give expert opinions and to provide other evidence must be demonstrated. Expert services to be rendered. This includes in particular, the result of their review for the to explain the client understandably and comprehensibly in writing and, if necessary, orally.
As proof of their special expertise, the experts of the Chamber shall submit documents on their professional career, references, work samples, Publications, etc. before. As a rule, applicants for a review (for example written, practical, oral). In addition, publicly appointed experts will be examined to determine whether they have any knowledge of the have the necessary knowledge of their legal environment (procedural codes, contract and liability law, advertising, etc.) and are familiar with the legal and legal (e.g. conduct in court, site visit, bias, remuneration). This is trained in appropriate seminar meetings. When reviewing the special expertise, the appointing bodies shall make use of the following support of more than 250 expert committees and associations nationwide, which assess the above-average expertise of the experts.
Experts are personally suitable if they are trustworthy and reliable. Reasonable doubts that these qualities exist justify the rejection of the public appointment. Trustworthy are experts who do their work discreetly and with the necessary distance, objectivity and restraint. There must be no relevant entries in the Federal Central Register. The personal suitability and also orderly The economic circumstances are reviewed by the appointment body.
Quality assurance by the appointing bodies
The appointing bodies have an extensive system in place to meet the professional and personal requirements of publicly appointed experts. To ensure the long-term safety of the system. This includes comprehensive checks of the work samples submitted (e.g. opinion and others). Expert services) for the first appointment and also for a new appointment after expiry of the time limit. In addition, in the case of a new appointment examined whether the expert had undergone further training during the period of appointment. For this purpose, the appointing chamber shall be provided with meaningful certificates of further training (technical and legal seminars, visits to expert conferences, etc.) are submitted for examination. A complaint management system and Administrative control and sanction possibilities such as restrictions, conditions and revocation of the public appointment guarantee a high level of Level of qualification of publicly appointed experts.
A sign of expertise
More than 6,000 publicly appointed and sworn experts and the appointing bodies use the sign for expertise. This logo has been developed in collaboration with the appointing bodies as a trademark of public appointment and swearing-in. The trademark owner and licensor is IfS. Authorised users are publicly appointed experts who hold a valid licence.
With the logo, the IfS offers all publicly appointed experts the opportunity to register their audited To present qualities accordingly on the market - in the own economic as well as in the interest of the potential customers. The symbol unites the the various services provided by the experts in a clear form. Special emphasis was placed on three qualities: analysis, evaluation and Objectivity. The design solution is based on multiple symbolism: an eye, an implied seal and the symmetry of the blue Circular halves signalises in the figurative sense the impartiality of the expert judgement. In order to ensure uniformity and thus also the In order to ensure a recognition effect, the logo must be used in the specified manner.