Each state has gone 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 passed, 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 received their base from the ancient Romans. And those, in turn, adopted many features from the Hellenes, who were the first to be able to clearly formulate the principle of the functioning of various institutions of power. Today, the topic of our article will be the modern judicial system in Germany. We will talk about how the courts operate in this state and what exactly influenced their formation, leading to a certain form.
Factors that influenced the creation of the judiciary
Many scholars believe that the history of the German judicial system began in Ancient Greece. It was in this state for the first time thatthe need to divide power into several independent but interconnected branches. It should be borne in mind that this process did not begin at the will of the ruling 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 adopted for themselves precisely the variant of Roman law, which became the prototype of civil codes. This is how the foundations of the German judicial system were formed.
Specialists believe that all the factors that influenced the further development of this system can be divided into positive and irrational. The totality of the former made it possible to analyze the existing judicial system in Germany, based on practical experience. Thus, there was a rethinking and a qualitative 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 the decline of the judicial system. In Germany, for example, this was influenced by totalitarian regimes and periods of revolution. In this time interval, non-progressive ideas and prevailing circumstances exerted serious pressure on the institutions of power. It can be said that the courts became a lever with which the authorities controlled the people andimposed her will.
Historians argue that during such recessions there was even a rejection of the previously accepted principles of the judiciary and recognized achievements in the field of civil and criminal law.
It is interesting that 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 periods of recession and recovery, as well as the fact that in Russia the courts were often the factor that held back the growth of democratic freedoms.
German courts: meaning
If we talk briefly about the German judicial system, we can say that it belongs to the Romano-Germanic legal group. It is this system that has been adopted in Europe as a basis and it is easy to follow the development of this system in different states in stages.
Referring to history, experts conclude that the development of judicial institutions was facilitated by the desire of the people to live in a certain society in safety. Almost all people gravitate towards communication, and, therefore, in its process they develop a number of rules that are strictly observed. Any violation requires a thorough investigation, which the courts can provide.
It can be said that the legal status of the German judicial system was formed under the influence of the need for people to state their claims to something and prove the validity of these claims. That is, the population needed state intervention to prove their rights. A distinctive feature of the German judicial systemis the fact that this country still occupies 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 judicial system in Germany as widely as possible, so we cannot but mention who exactly influenced it. After all, the form in which this institution of power is known today occurred in the process of century-old transformations.
First of all, I would like to note that the rulers had a legitimate right to form a judicial system. Therefore, they created such institutions to protect their interests, rights and freedoms. 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 alone. After all, it must necessarily include some kind of ideology, which, in the case of the European courts, was taken from the church.
It was the attitude of the spiritual authorities to certain aspects of the life 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 subsequently successfully used in the consideration of various claims. Moreover, the clergy themselves have always taken part in lawsuits.
The evolution of the German judicial system in the 19th and 20th centuries can be called a new stage. Exactlyit contributed to the fact that scattered courts turned into a powerful state system. During this period, the church lost its significance and in the future it never returned it. At this stage, the state has completely focused on changing existing norms and forming new civil and criminal norms. As we have already said, this process was influenced by revolutions and wars. They took on the role of a lever, under the pressure of which the "casting" of the new system, presented today in its modern version, took place.
Distinctive features of the judicial system in Germany
In Germany, the judicial branch of government has little difference from that adopted in other European countries. But some of them can still be distinguished:
- significant number of civil lawsuits;
- demand among ordinary citizens;
- formation of basic norms through the clergy;
- reliance on the self-consciousness 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 the above features, but 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 following sections to become.
General characteristics of the judicial system
The German judiciary can be briefly described as a completely independent structure, which, in turn, is divided into two groups:
- constitutional litigation;
- independent industries (five of them).
It is noteworthy that each of the five justices has its own supreme body, which is in no way connected with the others and is completely independent. The list of five major justices is as follows:
- total;
- labor;
- social;
- financial;
- administrative.
The Constitutional Court considers only those cases that require clarification on the main points of the Constitution. However, these lawsuits are few and far between.
It is interesting that in Germany there is no such thing as a "trial by jury", because judges are not just arbiters of fate, but also the most active participants in the process, managing it. I would like to tell you a little more about them.
A few words about the judges
First of all, all judges are professionals in their field. They have the appropriate specialized education, in parallel 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 is initially not difficult, 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 direct the process at his own discretion.
If a more serious crime is to be considered, then according to the law, the number of judges increases tofive. 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 the appropriate education.
In cases where land issues are considered by the court, the participation of hired specialists is excluded. In these cases, only those judges who were originally appointed to this position make the decision. Usually such appointment is for life.
Constitutional Court: brief description
The description of the modern judicial system in Germany must begin with this structure.
This body is the most important and belongs to the highest authorities. In turn, it can be divided into two branches:
- Constitutional Court of the Lands.
- Federal Constitutional Court.
All decisions of these institutions of power represent a certain guarantor of legal freedoms and observance of the Constitution by all members of society, without exception.
This instance sits in the city of Karlsruhe, where all the cases that have previously passed through several intermediate instances are collected. The Constitutional Court considers only those claims that relate to normative legal acts. It is noteworthy that every citizen 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 judgment we describepractically ensures the stability of the entire system as a whole, and therefore acts as its pillar and guarantor.
General Justice
General courts are the most common in the country. They go through an impressive to-do list:
- criminal;
- civil;
- family;
- hereditary.
Usually, the last three categories of lawsuits do not cause serious problems when considering and last a minimum amount of time. However, despite this, the courts of general justice form a system of four levels. We list them in ascending order of importance:
- local;
- regional;
- supreme regional;
- highest federal.
The first two courts hear all civil suits without exception. And in cases where the plaintiffs are not satisfied with the decision, they can appeal to the higher levels of general justice.
Criminal cases, depending on the sane degree of severity, are also considered by different courts:
- precinct (under their jurisdiction are simple offenses for which decisions are made by one judge);
- land courts (appeals here);
- higher courts of the Länder (highest instance of 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 of the parties.
Labor Justice
The courts of this branch of government help to solve everythingissues related to the Labor Code. Judges often hear cases involving severance pay, internal disputes among employees of the same company, improperly drafted employment contracts, and so on.
Such courts also have a hierarchy, it consists of three levels. It is worth noting that there are quite a lot of lawsuits falling under the described category in Germany. Issues are resolved very simply and quickly, and appeals are extremely rare.
Social Justice
The system of courts for social issues has become widespread in the country. The main cases considered by this instance include the following:
- public safety;
- he alth system;
- social guarantees;
- private insurance and so on.
In social justice, the system has three stages:
- social affairs court (there are forty-eight of them in the country);
- Land Social Court;
- federal court.
Interestingly, such cases are considered most often by a composition of three judges. One of them is a professional, and the other two are elected.
Financial Justice
These courts are primarily created to resolve tax issues. The system has only two levels. At the first, cases are considered by three judges, at the second - by a panel of five people.
Tax issues in Germany also include claims for customs duties. They are also subject to financialjurisdiction.
Administrative Justice
Courts in this category hear many cases. For example, this includes lawsuits between the state and individual regions, contentious cases on road construction, issues between governments.
Three-tier system implies three courts:
- administrative courts;
- higher administrative courts;
- federal court.
Often the first stage of ships can be subdivided into several more categories. They are classified as professional, as they consider specific issues related to a narrow focus.
