| Reprinted
with kind permission by the "Institut für
Sachverständigenwesen e.V.", Cologne, Germany. Experts
Independent and impartial
The term "expert" is not protected by law in
Germany.
As a result anyone can call himself an expert and operate
on the market under this heading even if he is not
adequately qualified for the job. The German legislator
provides for public certification as a way of
distinguishing between the real experts and the rest.
Public certification attests that an expert is
exceptionally qualified in a particular field.
Publicly certified experts are also sworn to act
independently and impartially. This means that their
expert opinions can be relied on. What is more, anyone
commissioning a publicly certified expert strengthens his
own reputation and position by freeing himself from the
suspicion of bias. It is precisely because publicly
certified experts are independent and impartial that the
rules of procedure require German courts to call them to
the witness box when they are in need of an expert
opinion.
By no means must publicly certified experts operate
alone. They also work in teams, engineering companies,
laboratories or test institutes. However, they are always
personally responsible for the work they do as experts.
Qualifications
Constantly put to the test
Only experts with outstanding qualifications are publicly
certified. In order to obtain public certification they
are required to undergo an extensive examination
procedure. And even after this their work is constantly
subject to supervision by the state-appointed award
bodies which keep a constantly updated list of publicly
certified experts (in Germany primarily the chambers of
architects, the chambers of crafts, the chambers of
industry and commerce, the chambers of engineers, the
chambers of agriculture).
This also means that experts who have already received
public certification can lose this status if they no
longer come up to current standards. The trustworthiness
and personal integrity of publicly certified experts also
comes under scrutiny. Only then may they bear the much
sought after seal of quality.
Tasks and missions
Experts, consultants and arbitrators
Publicly certified experts do not just prepare expert
opinions of facts and causes. They advise and are also
responsible for regular inspections and monitoring; they
analyse and evaluate. And they act as arbitrators if two
contracting parties have agreed to recognise the decision
of an expert as binding. This ensures that legal
certainty is achieved quickly. Such as when it comes to
deciding whether the quality of a delivery or service
meets with the terms of a contractual agreement or
whether a plant has been installed in working order.
In view of the broad range of specialised areas there is
no uniform fee schedule. Private clients and experts
freely negotiate their contracts.
Legislation
Confidence and certainty
An opinion from a publicly certified expert will lend
certainty to entrepreneurial, court and private
decisions. This is precisely what motivated the German
legislator to introduce public certification. The fact
that the state recognises the special qualifications of a
particular expert and the special quality of his work
makes it easier for companies, courts and consumers to
make their choice and guarantees that an expert opinion
will meet the high requirements placed on it.
Public certification
The mark of quality in the expert profession
The demand for the services of an expert is increasing
throughout Europe. Companies, courts and consumers who
come to need the specialised knowledge of a German expert
are faced with the core task of how to find one who is
sufficiently qualified for the job.
The answer is simple. Anyone engaging the services of a
publicly certified expert can expect to receive a service
of high quality – in Germany and in the global arena
alike.
|
