judicial members and the Federal Public Prosecutor General at the Federal Court of Justice
for the public prosecutor members by simple majority. The President or the
(3)
Federal Public Prosecutor General shall notify the Federal Government, for
information, of the proposal before the election.
§ 44
Legal position and nomination of the members of the quasi-judicial oversight body
(1)
The members of the quasi-judicial oversight body shall be nominated as temporary
civil servants. Subject to the rules set out in this Act, the provisions of the Federal Civil
Service Act shall apply mutatis mutandis, with the exception of the provisions on careers and
the period of probation. The members of the quasi-judicial oversight body shall be
independent and subject only to the law.
(2)
The Federal President shall nominate those elected under § 43(3).
(3)
The members of the quasi-judicial oversight body shall pledge the following oath
before the President of the German Bundestag: ‘I swear that I will dedicate my efforts to the
well-being of the German people, promote their welfare, protect them from harm, uphold and
defend the Basic Law and the laws of the Federation, perform my duties conscientiously, and
do justice to all. So help me God’. The oath may also be taken without religious affirmation.
(4)
The members of the quasi-judicial oversight body shall bear the official designation of
oversight officer in the Independent Oversight Council.
§ 45
Period of office of the members of the quasi-judicial oversight body
(1)
The term of office shall be 12 years. Re-election shall not be permitted.
(2)
The temporary status as civil servants for members of the quasi-judicial oversight
body shall begin with the presentation of the certificate of appointment, unless a later date is
specified in the certificate.
(3)
On appointment as a temporary civil servant, the rights and duties arising from the
position of civil servant or judge most recently transferred shall remain for the duration of the
period of office. This shall not apply to the duty of confidentiality and the ban on accepting
rewards, gifts and other benefits.
(4)
The members of the quasi-judicial control body shall retire on expiry of the period of
office, but no later than on reaching the age of 70. If the period of office of a judicial member
in the Independent Oversight Council ends before the statutory standard retirement age under
§ 48(1) of the German Judges Act, he or she shall also be retired as a judge at the Federal
Court of Justice at the time when his or her position as a member of the quasi-judicial
oversight body ends, in accordance with § 45(1).
(5)
The period of office under paragraph (1) shall be extended by the period until the
election of a successor. Until that time, the members of the quasi-judicial control body shall
continue with their official duties.