NCJ Number
88746
Date Published
1980
Length
101 pages
Annotation
A literature survey provides an overview of the existing organization of the German justice system and the long-term reorganization efforts which have produced that system.
Abstract
The report provides the Commission for Judicial Organization of the Netherlands with information pertinent to its functions. The German court system consists of Federal and State courts which administer five major types of law (civil/criminal law, labor law, administrative law, social law, and finance law) as well as three other areas (constitutional law, disciplinary law, and arbitration law). The Federal Court of Justice has constitutional jurisdiction. Each of the five Federal courts is the highest legal body for the five major types of law named above. The State courts are organized into levels dependent on their legal jurisdiction: one level for finance law, two for labor law, and three for civil/criminal law. The Federal courts are supervised by the Ministries most appropriate to their legal jurisdiction; the same applies on the State level. Historically, the system of legal jurisdiction evolved from the single civil/criminal jurisdiction of the Kaiserreich. Labor courts developed in the Weimar period; the five separate legal areas were not established until the post-World War II Constitution of 1949. At the same time, judges were given a privileged position separate from other Federal officials. The responsibilities of each court type are described. Special emphasis is placed on legal procedures of each court type, the function of the public prosecutor, special legal officials such as lay judges, specialists in nonlitigious legal approaches, and selection/training of judges. An extensive bibliography, notes, and an organizational table are included.