Exercise of the freedom to provide services
Legal basis
The following legal bases apply (as amended from time to time):
Exercise of the freedom to provide services
The provisions of the Civil Law Mediation Act concerning the freedom to provide services may be relied upon by those nationals of an EEA contracting state who are already established in the territory of another EEA contracting state and who practice mediation in civil law cases there on the basis of an official authorization (Art. 19 para. 1 ZMG).
Persons who are treated as nationals of an EEA contracting state on the basis of an interstate treaty are also admitted to provide cross-border services (Art. 19 para. 2 ZMG)
The cross-border mediator is neither entitled nor obliged to be registered in the list of mediators in Austria. The admission to cross-border practice as a mediator in civil matters is based on the existing official authorization to practice as a mediator in civil matters in the country of establishment. Instead of the examination of the professional qualification in the country combined with an entry in the list of mediators, there is a reporting obligation of the mediator working across borders.
Duty to report
The mediator in civil cases who intends to work across borders must notify the Office of Justice of this intention before commencing work.
The notification must include evidence of the following requirements (Art. 20 para. 2 ZMG):
- Minimum age of 28 years
- Trustworthiness
- Existence of liability insurance
- Availability of suitable premises
- Liechtenstein citizenship or citizenship of an EEA state or equality based on treaty agreement (e.g. Switzerland)
- Certification from which it can be seen that there is an official authorization in the state of establishment (country of origin), which entitles to exercise the activity as a mediator in civil cases
The proof of trustworthiness is done by submitting an extract from the criminal record, not older than 3 months.
In order for there to be sufficient liability insurance, Liechtenstein law must be applicable to the insurance contract; the minimum sum insured must be at least CHF 1,000,000 per insured event and the contract must not contain any exclusion or time limit of the insurer's subsequent liability (Art. 15 ZMG). Proof of liability insurance is provided by submitting a copy of the insurance policy together with a confirmation from the insurance company that the insurance cover meets the requirements of Art. 15 ZMG.
Proof of suitable premises for the exercise of the activity as mediator/mediator shall be provided by stating the address and submitting copies of documents such as rental contracts, building plans, photos, etc., which allow an assessment of the spatial situation.
Proof of minimum age and citizenship is provided by submitting a copy of the passport.
The notification must be made before commencement of the activity in writing to the Office of Justice using the fully completed form and enclosing the necessary evidence (Art. 20 para. 2 ZMG).
The form can be obtained in the download area
Duties
The cross-border mediator shall immediately cease his/her activities if any of the conditions cease to apply or if the authorization to act as a mediator in civil matters has expired or been withdrawn in the State of origin (Article 20 para. 3 ZMG). He/she must furthermore inform the Office of Justice immediately of any changes in the prerequisites (Art. 21 para. 2 ZMG).