Each state went through a number of stages in its development, the natural result of which was the formation of effective management systems. Depending on which way the state has traveled, such is the practical experience used in these systems. First of all, it affects the judicial system. It is noteworthy that in many European countries it has many similarities. This is especially noticeable when we talk about the judicial systems of France and Germany, which got their base from the ancient Romans. And those, in turn, adopted many features of the Hellenes, who became the first who managed to clearly articulate the principle of functioning of various institutions of power. Today, the topic of our article will be the modern judicial system of Germany. We will talk about how courts operate in this state and what exactly influenced their formation, leading to a certain kind.
Factors Affecting the Creation of the Judiciary
Many scholars believe that the history of the German judiciary began in ancient Greece. It was in this state for the first time that the need was ripe for the separation of power into several independent but interconnected branches. It is worth considering that this process did not begin at the behest of the governing elite, but was initiated by the people. It was the Hellenes who began to form the foundations of legal norms, which the Romans later adopted and improved.
They, in turn, introduced a lot of concepts. For example, thanks to them, the concepts of “private and public law” arose, arbitration courts and the legal framework for them appeared. Over time, most European states have adopted for themselves just a variant of Roman law, which became the prototype of civil codes. This is how the foundations of the German judicial system were formed.
Experts believe that all factors that influenced the further development of this system can be divided into positive and irrational. The totality of the former allowed an analysis of the existing judicial system in Germany, based on practical experience. Thus, there was a rethinking and a quantum leap, accompanied by significant changes in state institutions of power. In many ways, they took into account the needs of the majority of the population and were dictated by their desire for change.
Irrational factors, in turn, led to a decline in the judiciary. In Germany, for example, totalitarian regimes and periods of revolution influenced this. In this time interval, non-progressive ideas and current circumstances exerted serious pressure on the institutions of power. It can be said that the courts became the lever with which the government controlled the people and imposed their will.
Historians argue that during such recessions there was even a rejection of previously accepted principles of the judiciary and recognized achievements in the field of civil and criminal law.
Interestingly, if we analyze the vocabulary of the judicial systems of Russia and Germany, we can find out that both of these structures were formed according to approximately the same rules. The only difference between the systems can be called the periods of recession and recovery, as well as the fact that in Russia the courts were often the factor that restrained the growth of democratic freedoms.
German courts: meaning
If we talk about the judicial system of Germany briefly, then we can say that it belongs to the Romano-German legal group. It was she who was accepted as the basis in Europe and it can easily be used to trace the development of this system in different states in stages.
Turning to history, experts conclude that the development of judicial institutions was facilitated by the people's desire to live in a particular society in safety. Almost all people gravitate towards communication, and, therefore, in its process they develop a series of rules that they strictly observe. Any violation requires a thorough investigation, which the courts can provide.
We can say that the legal status of the German judicial system was shaped by the need of people to declare their claims to something and to prove the validity of these requirements. That is, the population needed state intervention to prove their rights. A distinctive feature of the German judicial system is the fact that so far this country has a leading role in Europe in civil claims. This proves that the courts are extremely important not only in the state structure, but also in the life of every citizen of the country.
Who formed the judiciary in Germany?
In this article, we talk about the German judicial system as widely as possible, therefore we cannot but mention who exactly influenced it. After all, the way in which this institution of power is known today happened in the process of centenary transformations.
First of all, I want to note that the rulers had a legitimate right to form a judicial system. Therefore, they created similar institutions to protect their interests, rights and freedoms. The monarchs had the right to judge by status, and they used this privilege quite successfully. However, it cannot be said that they formed the judicial system individually. After all, it must necessarily include a certain ideology, which in the case of European courts was taken from the church.
It was the attitude of the spiritual authority to certain aspects of society that had a direct impact on the judicial system of Europe and Germany, including. By the thirteenth century, thanks to the church, the foundations of law had been developed, which were later successfully used in the consideration of various lawsuits. Moreover, the clergy themselves always took part in lawsuits.
A new step can be called the evolution of the German judicial system of the 19-20 centuries. It was she who contributed to the fact that disparate courts turned into a powerful state system. During this period, the church lost its significance and in the future it never returned. At this stage, the state has completely focused on changing existing norms and has formed new civil and criminal standards. As we have already said, revolutions and wars have influenced this process. They took on the role of a lever, under the pressure of which the “casting” of a new system, presented today in a modern version, took place.
Distinctive features of the judicial system in Germany
In Germany, the judicial branch of government has few differences from that adopted in other European states. But some of them can still be distinguished:
- a significant number of civil claims;
- demand among ordinary citizens;
- the formation of basic norms through the clergy;
- reliance on self-awareness of citizens, which supports the legitimacy of this institution of power;
- centralization;
- wide branching and narrow focus of many branches.
The modern judicial system in Germany has all of these features, but in order to understand all its features, it is necessary to delve into the analysis of the structure itself. This is what we will do in the next sections.
General characteristics of the judicial system
Briefly, the German judicial system can be described as an absolutely independent structure, which, in turn, is divided into two groups:
- constitutional proceedings ;
- independent industries (there are five of them).
It is noteworthy that each of the five judges has its own supreme body, which is in no way connected with the others and is absolutely independent. A list of the five main judges is as follows:
- general;
- labor;
- social;
- financial;
- administrative
The Constitutional Court considers only those cases that require clarification on the main points of the Constitution. However, there are few such claims, and they constitute a minority.
It is interesting that in Germany there is no such thing as a “jury trial”, because judges are not just the arbiters of fate, but also the most active participants in the process, administering it. I want to talk about them a little more.
A few words about the judges
First of all, all judges are professionals. They have the appropriate specialized education, at the same time they can be lawyers or provide legal services.
Interestingly, depending on the complexity of the process, the composition of the judges considering the case also changes. If it does not initially seem complicated, then usually one person is enough. In this composition, minor offenses are considered. The decision in such a case is made by one judge, who has the right to call witnesses and lead the process at his discretion.
If we consider the crime more seriously, then according to the law, the number of judges increases to five. However, only two of them will be professionals. Three judges are hired for a fixed term from German citizens. But do not forget that they all must have an appropriate education.
In cases when the court considers land issues, the participation of hired specialists is excluded. In these cases, the decision is made only by those judges who were initially accepted for this position. Usually, this appointment is lifelong.
Constitutional Court: Brief Description
A description of the modern German judicial system must begin with this particular structure.
This body is the most important and refers to the higher authorities. In turn, it can be divided into two branches:
- Constitutional Court of Lands.
- Federal Constitutional Court.
All decisions of these institutions of power represent a certain guarantor of legal freedoms and the observance of the Constitution by all members of society, without exception.
This instance sits in the city of Karlsruhe, where all the cases that several intermediate instances have already passed have flocked. The Constitutional Court considers only those claims that relate to regulatory legal acts. It is noteworthy that every citizen of the Federal Republic of Germany has the full right to file a lawsuit in this court to make sure that this or that law, regulation or decree does not contradict the German Constitution. Many believe that this institution is very important for the development of the country's legal system. The court described by us practically ensures the stability of the whole system as a whole, and therefore acts as its pillar and guarantor.
General justice
General category courts are the most common in the country. They are considering an impressive to-do list:
- criminal;
- civilians;
- family;
- hereditary.
Usually the last three categories of lawsuits do not cause serious problems and last a minimal amount of time. However, despite this, the courts of general justice form a system of four steps. We will list them in increasing order of importance:
- local
- regional;
- supreme regional;
- higher federal.
The first two courts hear all civil claims, without exception. And in cases where the plaintiffs are not satisfied with the decision, they can appeal to the highest levels of general justice.
Criminal cases, depending on the alleged degree of severity, are also considered by different courts:
- precinct (simple jurisdictions fall under their jurisdiction, according to which decisions are made by one judge);
- land courts (appeals are filed here);
- the highest courts of the land (the highest court to appeal);
- Supreme Court.
It is noteworthy that often where exactly the case will be considered depends on the amount of the claim and the possibility of reconciliation between the parties.
Labor justice
The courts of this branch of government help resolve all issues related to the Labor Code. Judges often hear cases related to compensation for dismissal, internal disputes of employees of one company, improper execution of labor contracts, and so on.
Such courts also have a hierarchy, it consists of three levels. It is worth noting that in Germany there are quite a lot of claims falling into the described category. Issues are resolved very simply and quickly, and appeals are extremely rare.
Social justice
The social court system is widespread in the country. The main cases considered by this instance include the following:
- public safety;
- health care system;
- social guarantees;
- private insurance and so on.
In social justice, the system has three levels:
- court on social issues (there are forty-eight of them in the country);
- social court of the land;
- federal court.
Interestingly, such cases are most often considered by a panel of three judges. One of them is a professional, and the other two are elective.
Financial justice
These courts are primarily created to address tax issues. The system has only two levels. In the first case, three judges consider the case, in the second - a panel of five people.
To tax issues in Germany include claims for customs duties. They also fall under financial jurisdiction.
Administrative justice
Courts in this category hear many cases. For example, lawsuits between the state and individual regions, controversial cases on the construction of roads, issues between government bodies fall here.
The three-stage system includes three courts:
- administrative courts;
- higher administrative courts;
- federal court.
Often, the first stage of ships can be divided into several categories. They are classified as professional, as they consider specific issues related to a narrow focus.