Experts: Public appointment and swearing-in

Any person who is or intends to act as a publicly appointed and sworn expert in the fields of economic activity, including mining, deep-sea and coastal fishing, agriculture and forestry, including horticulture and viticulture, shall be publicly appointed and sworn in upon request by the competent authority for certain subject areas.

The public appointment certifies that the applicant is particularly qualified in a particular field. The decisive factors are personal suitability and special expertise.
The task of the expert persons is to assess a situation impartially and independently of the client. This ensures the necessary objectivity.

Publicly appointed and sworn experts must prove their competence to the competent authority.




  • informal application with curriculum vitae
  • Declaration on the Rules of Experts
  • Transcripts/copies of diplomas
  • Indication of 5 references, which can be heard about knowledge etc.
  • Copies of at least 3 expert opinions
  • a declaration as to whether and to which boards an application has already been made and with what result
  • Proof of attendance at training and further education events
  • 1 passport photo in colour
  • Current certificate of good conduct (document type O)

Preconditions

  • Need for expert services
  • Proof of special expertise
  • no objections to suitability

Hints

The work of the expert shall cease when the public appointment expires. This is the case if

  • the expert declares to the relevant competent authority that he no longer wishes to act as a publicly appointed and sworn expert/publicly appointed and sworn expert,
  • the period for which the expert is publicly appointed expires,
  • the competent body withdraws or revokes the public appointment.

After the public order has expired, the expert Preson must return the order certificate, ID card and round stamp to the competent authority.

Related Links

  • § 36a Industrial Code (GewO)
  • § 36 Industrial Code (GewO)

The procedure for the public appointment of an expert begins with an application and detailed preliminary discussions. After the examination of the documents to be submitted, a review of the personal suitability takes place. The review of the so-called special expertise before an expert committee is structured as follows:

  • preliminary review of expert opinions, publications and other evidence of qualifications to be submitted,
  • written and oral examination,
  • Vote of the expert panel and the committee of experts of the competent body.

If all the prerequisites are met, the swearing-in will follow.
The expert person to be appointed must sign the declaration of commitment, the declaration of swearing-in and the consent to the use of the data. If the subject area of an order is changed or extended, a reference to the previous oath is sufficient instead of the oath.

Experts shall be sworn in as to the fact that they will perform their expert duties independently, without instructions, personally, conscientiously and impartially and will provide their expert opinions accordingly. The public appointment may be limited in content, granted with a time limit and subject to conditions.

Under the conditions set out above, the public appointment and swearing-in of particularly suitable persons who are active in the fields of economic activity shall also take place.

  • establish certain facts relating to goods, in particular the nature, quantity, weight or correct packaging of goods, or
  • verify the proper performance of certain activities.

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour and Transport

Last update or date of publication
13.09.2018