The purpose of the public appointment is to provide courts, authorities and the public with particularly knowledgeable and personally suitable experts whose statements are particularly credible.
The public appointment includes the rendering of expert opinions and other expert services such as consulting, monitoring, testing, issuing of certificates as well as arbitration and arbitration-related activities.
The rights and duties of publicly appointed experts are primarily regulated in the expert regulations of the chambers of crafts.
Publicly appointed and sworn experts can be recognized by the legally protected designation "publicly appointed and sworn". The chambers of skilled crafts award the experts a round stamp and issue an expert certificate.
There must be a general need for expert services. The legal basis for this is Section 91 (1) (8) of the Crafts Code (HWO) in conjunction with Section 2 of the Expert Regulations of the respective HWK. § 2 of the expert regulation of the respective HWK.
As a rule, only those persons can be publicly appointed and sworn in as an expert of the Chamber of Skilled Crafts who
- fulfills the requirements according to § 2 of the expert regulations (SVO) of the respective chamber.
This means in particular that the applicant must
a) is registered in the register of skilled crafts of the Chamber of Skilled Crafts as owner or as partner of a partnership or as managing director or board member of a legal entity and thereby fulfills the registration requirements in his person or is listed as business manager or
b) is registered as a proprietor, partner of a partnership or managing director or board member of a legal entity in its register of unlicensed trades or trades similar to trades. The same applies to partners of legal entities registered there who are active in this business as craftsmen;
- has sufficient life and professional experience
- has the personal suitability, in particular reliability, as well as physical and mental capacity (in accordance with the requirements of the requested subject area)
- demonstrates special expertise (specialist knowledge and skills significantly above the average), the necessary practical experience and the ability to provide expert opinions; § 36 a of the Trade, Commerce and Industry Regulation Act (GewO) applies accordingly; is personally and professionally suitable for the expert activity
- has the necessary equipment to perform the activity as an expert;
- lives in orderly economic circumstances;
- offers a guarantee of impartiality and independence in the provision of expert opinions and of compliance with the obligations of a publicly appointed and sworn expert;
- is available at all times and without restriction for expert activities in accordance with the statutory provisions.
The requirements of the expert regulations of the respective chambers of handicrafts must always be observed.