[Problems of occupational-court proceedings].
Regulations concerning disciplinary jurisdiction for the professions belong to the legislative authority of the federal states of the Federal Republic of Germany. Comprehensive regulation of professional duties may be accepted, as far as professional conduct is concerned. For conduct outside one's profession however, such a global approach to regulation appears to be questionable. Local intersections of competence have to be dissolved according to the principles of the constitutional state under the rule of law. Has the conduct constituting the basis of the proceedings already been avenged otherwise, it is compulsory to appropriately take into consideration all punishments or measures already administered. Ascertainment of lack of professional dignity by professional disciplinary courts may be problematic due to jurisdictional conflicts.
Rehborn
Martin
M
Lehrbeauftragter der Universität zu Köln für Gesundheitsrecht, Dortmund. vorz.m.rehborn@rehborn-do.de
D005858:Germany; D006801:Humans; D009790:Occupations / Q000331:legislation & jurisprudence*; D010820:Physicians / Q000592:standards*; D028743:Professional Misconduct / Q000331:legislation & jurisprudence*