The public appointment and swearing-in is the distinction provided for in Germany under public law and protected by law for particularly qualified and trustworthy experts in the fields of business. It can be obtained by proving the requirements according to § 36 Gewerbeordnung (Trade, Commerce and Industry Regulation Act) in an administrative procedure at the Chambers of Industry and Commerce.
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 industry and commerce (IHK).
Publicly appointed and sworn experts can be recognized by the legally protected designation "publicly appointed and sworn". The chambers of industry and commerce award the experts a round stamp and issue an expert certificate.
According to § 36 of the Trade, Commerce and Industry Regulation Act, you can be publicly appointed and sworn in as an expert if
- there is a need for expert services for the subject area applied for,
- there are no doubts about your suitability,
- you have a branch office in Germany
- you can demonstrate above-average specialist knowledge, practical experience and the ability to provide expert opinions,
- you have relevant knowledge of German law and the ability to explain technical findings and assessments in a comprehensible manner,
- you live in orderly economic circumstances,
- you offer the guarantee of impartiality and independence as well as compliance with the duties of a publicly appointed expert.
Foreign certificates of education, qualification and other qualifications will be taken into account in the administrative procedure. They must be submitted in German.
In addition, Experts with qualifications from a member state of the European Union or another state party to the Agreement on the European Economic Area may be publicly appointed if the Expert has already demonstrated his expertise there for a specific field of expertise which is essentially comparable, or if he has worked full-time as an Expert in two of the last ten years and it is evident from the evidence submitted that the Expert essentially possesses the special expertise.
In the case of applicants for public appointment and swearing-in as an expert, the appointing bodies examine the personal requirements as well as the professional competence of the applicants. In order to support the professional examination, the Institute of Expert Witnesses has published Professional Appointment Requirements for more than fifty subject areas, which have been adopted by the appointing bodies as applicable nationwide. In addition to the professional and technical requirements, the documents sometimes contain requirements for expert reports, the location of the CCI expert committees and, for some areas, subject area classifications.
In the case of applicants for public appointment and swearing-in as an expert, the appointing bodies check the personal requirements as well as the professional competence of the applicants. To support the professional examination, the Institute of Expert Witnesses has published professional appointment requirements for more than fifty subject areas, which have been adopted by the appointing bodies as applicable nationwide (for a link, see "Further links").