What is a publicly appointed sworn expert?
Publicly appointed and sworn experts (öbuv)
The word „expert“ is not legally protected in Germany. The result is that even experts who are not sufficiently qualified call themselves experts and operate on the market. In order to distinguish real experts from unprofessional ones, the German legislation provides the public appointment as an expert.
The legislation certifies to an expert that he/she is professionally qualified in a particular field.
In addition, publicly appointed experts have sworn to act independently and impartially. This means that third parties to whom expert opinions are usually submitted can rely on these results. A neutral report confirms the reputation and the position of the client. He/she is not suspected of relying on an unjustifiable, biased expert’s report. As they are independent and impartial, publicly appointed experts are more likely to be appointed as judicial reviewers – as required by the procedural rules of German courts.
Publicly appointed experts do not only work alone. They can also work in teams, in engineering companies, in laboratories or audit companies. However, they are always personally responsible for their service as experts.
Constantly under surveillance
Only professionals with outstanding qualifications will be officially appointed. In order to get the seal of approval of the public appointment, they have to undergo a complex check. And after that, their work is under the constant supervision of the state commissioning body (in Germany these are mainly the architect chambers, the trade chambers, the chambers of industry and commerce, the chambers of engineering and the agricultural chambers). This can also mean that already publicly appointed experts can lose their status again if their qualification no longer meets the current requirements. In addition, publicly appointed experts will also be checked to see if they are trustworthy and reliable. Only then they can get the coveted quality seal.
Function and tasks
Experts, consultants and mediators
Publicly appointed experts do not only make reports that establish facts or identify causes. They also advise and are responsible for regular reviews and monitoring, they analyze and they evaluate too. And they act as arbitrators. This means that two contractual partners can stipulate that they accept the expert’s judgment as binding. Thus, both sides quickly ensure legal certainty – for example to see whether the quality of a delivery or service complies with the contractual agreement or whether an installation has been functionally installed.
Because of the range of areas, there is no standardized remuneration system. Private clients and experts negotiate their contracts freely. Publicly appointed experts have to adhere to the applicable remuneration regulations.
Trust and safety
The one who commissions publicly appointed and sworn experts can trust entrepreneurial, judicial and private decisions. Due to this, the German legislator has introduced the public commitment of neutral experts. As the government acknowledges the qualifications of these experts and the quality of their services companies, courts and consumers can choose experts and ensure that the report meets high standards.
Public appointment and swearing in
Quality seal for expertise
The demand on expert service across Europe and in the world is increasing. Companies, courts and consumers that need the knowhow of a German expert face a key question: How to find a qualified expert?
The answer is easy:
Whoever commissions publicly appointed and sworn experts gets a high-quality service.