NCJ Number
59625
Journal
INTERNATIONAL JOURNAL OF LAW LIBRARIES Volume: 5 Issue: 2 Dated: (JULY 1977) Pages: 165-179
Date Published
1977
Length
15 pages
Annotation
HISTORY OF THE JUDICIAL SYSTEM OF THE FEDERAL REPUBLIC OF GERMANY AND THE PRESENT COURT STRUCTURE ARE PRESENTED; THE FEDERAL COURT OF JUSTICE LIBRARY IS DESCRIBED.
Abstract
THE FIRST IMPERIAL COURT, KNOWN AS THE 'REICHSKAMMERGERICHT' WAS CREATED IN 1495. ITS SIGNIFICANT FEATURES WERE A PERMANENT SEAT AND THE INDEPENDENCE OF THE JUDGES; DECISIONS WERE CONCLUSIVE, AND BINDING ON THE EMPERORS. THE COURT REMAINED UNTIL THE DEMISE OF THE OLD GERMAN EMPIRE IN 1806. IN 1871, AFTER THE FORMATION OF THE NEW GERMAN REICH, THE COURT WAS RENAMED THE IMPERIAL SUPREME COMMERCIAL COURT. THE COLLAPSE OF THE THIRD REICH IN 1945 AND SUBSEQUENT DIVISION OF GERMANY INTO TWO PARTS NECESSITATED COMPLETE REORGANIZATION OF THE JUDICIAL SYSTEM. THE FEDERAL REPUBLIC OF GERMANY CAME INTO EXISTENCE IN 1949; THE CONSTITUTION OF THIS NEW STATE ESTABLISHED A FEDERAL JUDICIARY SYSTEM INCLUDING THE FOLLOWING APPELLATE COURTS: THE FEDERAL CONSTITUTIONAL COURT, THE FEDERAL COURT OF JUSTICE, THE FEDERAL ADMINISTRATIVE COURT, THE FEDERAL LABOR COURT, THE FEDERAL SOCIAL COURT, AND THE FEDERAL COURT OF FINANCE. ALL OF THESE COURTS ARE APPELLATE TRIBUNALS OF LAST RESORT; THEY HEAR APPEALS FROM THE STATE COURTS AND WITH THE EXCEPTION OF THE FEDERAL CONSTITUTIONAL COURT, THEY DO NOT HAVE ORIGINAL JURISDICTION. THIS SPECIALIZATION IS A UNIQUE FEATURE OF THE COURT SYSTEM. IN BROAD TERMS, THE FEDERAL CONSTITUTIONAL COURT EXERCISES JURISDICTION IN ALL MATTERS INVOLVING THE APPLICATION AND INTERPRETATION OF THE BASIC LAW. IT PASSES JUDGMENT ON THE CONSTITUTIONAL VALIDITY OR INVALIDITY OF STATE LAWS, AND ADJUDICATES DISPUTES BETWEEN THE FEDERAL AND STATE GOVERNMENTS. THE FEDERAL COURT OF JUSTICE EXERCISES APPELLATE JURISDICTION IN ALL CIVIL AND CRIMINAL MATTERS. THE FEDERAL COURT OF JUSTICE IS THE LARGEST OF THE COURTS, AND ACCOUNTS FOR 80 PERCENT OF ALL BUSINESS BROUGHT BEFORE THE FEDERAL JUDICIARY. ITS DECISIONS ARE REPORTED IN SEVERAL PUBLICATIONS. THE FEDERAL COURT OF JUSTICE LIBRARY, ALTHOUGH RELATIVELY NEW, IS ONE OF THE BEST IN GERMANY. THE COLLECTION CONSISTS OF MORE THAN 200,000 VOLUMES AT PRESENT, WITH AN ANNUAL GROWTH RATE OF 7,000 OR 8,000 VOLUMES. MATERIALS AVAILABLE INCLUDE MONOGRAPHS, PERIODICALS, NEWSPAPERS, LOOSELEAF SERVICES, PARLIMENTARY DEBATES, REPORTS, AND LEGISLATIVE HISTORIES OF THE MORE SIGNIFICANT LAWS. (LWM)