Federal Ministry of Justice plans comprehensive reform of professional supervision

The BMJV has presented a draft bill that provides for numerous simplifications for professional services. Comments are possible until the end of October before the legislative process begins.

Reorganization of supervisory procedures

The Ministry of Justice is aiming for a fundamental harmonization of appeal procedures. In future, lawyers, patent attorneys and tax consultants will be able to use uniform procedural channels in disputes with their chambers. In future, legal notices, reprimands and penalty notices will be heard exclusively by lawyers' courts in accordance with administrative court principles. The previously used term "disapproving instruction" will be replaced by the clearer term "legal notice".

Relief for law firm dissolutions

Professional services benefit from simplified winding-up procedures in the BRAO, PAO, StBerG and WPO. The reform aims to relieve the burden on professional chambers in the event of law firm liquidations without jeopardizing proven protection concepts. These changes are likely to be particularly relevant for smaller law firms and their succession planning.

Modernization of volunteer structures

The appointment and dismissal of honorary judges at professional courts will be standardized. All affected professional codes will receive consistent regulations, which will create legal clarity and simplify administrative processes.

Digitization steps in the notary sector

The permanent storage of notarial deeds will be transferred from the judiciary to the archive administrations. Researchers and other interested parties will have easier access to historical documents. The Central Register of Lasting Powers of Attorney will be expanded: certified copies of advance directives can be deposited in future, providing doctors and other authorized persons with better information.

Strengthening consumer protection

The Legal Services Act contains stricter debt collection regulations. In future, group debt collection will be subject to the same protective provisions as external service providers - closing previous loopholes.

Reducing bureaucracy for advisory professions

Lawyers, in-house lawyers and tax advisory professional practice companies will receive various administrative simplifications. The draft also contains selective adjustments to admission requirements. The reform follows on from a similar draft from the previous legislative period, which could not be passed due to the premature dissolution of the Bundestag. Associations and federal states have until October 31 to submit their comments.