Definition and legal classification of auxiliary (criminal, civil) chambers
Auxiliary chambers, also known as auxiliary criminal chambers or auxiliary civil chambers, are adjudicatory bodies at regional courts in Germany, which are established in addition to the regular (ordinary) criminal and civil chambers. Their main function is to guarantee a flexible and needs-based handling of case loads within the ordinary jurisdiction. The overarching purpose of the creation of auxiliary chambers is to ensure efficient, prompt, and lawful administration of justice, especially in cases of above-average workload or organizational bottlenecks.
Legal basis and organization
General regulations
The legal basis for the formation of auxiliary chambers arises in particular from the provisions of the Courts Constitution Act (Gerichtsverfassungsgesetz – GVG). According to § 75 GVG for civil chambers and § 76 GVG for criminal chambers, it is possible to establish additional chambers at regional courts from the existing professional judges. These are not permanent, but rather temporary or situational judicial panels that are activated as needed.
Formation and composition of auxiliary chambers
The formation of an auxiliary chamber is carried out by order of the presidium of the respective regional court. Judges and, where appropriate, associate lay judges (in criminal matters) are appointed as members. The personnel composition is based on the legal requirements for the principal (main) chambers. The independence of each chamber remains safeguarded. Auxiliary chambers are autonomous with regard to their decisions and are not subject to the instructions of the main adjudicatory bodies.
Distinction from regular chambers
While regular chambers are permanently established and thus have clearly defined responsibilities and allocations, auxiliary chambers represent only an organizational response to temporary needs. They are typically established when the regular workload cannot be handled with the existing principal chambers, for example, due to an unexpectedly high number of cases, staff shortages, or particular circumstances (e.g., major proceedings).
Function and areas of responsibility
Auxiliary civil chambers
Auxiliary civil chambers take on tasks in the area of civil jurisdiction. They are activated particularly when the regular civil chambers are overloaded (e.g., due to an increased number of incoming lawsuits). They handle the full spectrum of civil law disputes that fall under the first-instance jurisdiction of the regional court (e.g., major financial disputes, disputes arising from commercial law, corporate law, competition law, copyright law, etc.).
Tasks and procedural competences
The auxiliary civil chamber independently decides on cases assigned to it. The allocation and distribution of cases is carried out by the presidium of the regional court. Legal assessment and decision-making follow the general rules of procedure, especially the Code of Civil Procedure (ZPO).
Auxiliary criminal chambers
Auxiliary criminal chambers are primarily used in the area of criminal jurisdiction. They are responsible for the hearing and decision of criminal cases when the main criminal chambers are overloaded, for example due to major proceedings, extensive taking of evidence, or a large number of concurrent cases.
Procedure and jurisdiction
Auxiliary criminal chambers, like regular chambers, operate in different instances: as courts of first instance in particularly serious or extensive criminal cases (§ 74, § 74a GVG) as well as courts of appeal for judgments of local courts (§ 76 GVG). Here too, the presidium assigns certain cases to the auxiliary criminal chamber via the case distribution plan.
Legal significance and procedural consequences
Constitutional and procedural law aspects
The establishment of auxiliary chambers is subject to the rule-of-law principle, especially the statutory judge principle (Article 101(1) sentence 2 of the Basic Law). To ensure proper allocation and composition, a prior, abstract-general case distribution is required. The assignment sequence of auxiliary chambers must be transparent and clearly documented for the parties to avoid arbitrariness.
Adherence to the case distribution plan
The assignment of tasks to auxiliary chambers is based on the case distribution plan of the court, which is regularly set at the start of the legal year and can, in exceptional or special cases, also be adjusted during the year.
Possibility of expansion and reintegration
The establishment of auxiliary chambers is always intended to be temporary. Once the case load eases or personnel relief is achieved, their tasks can be fully transferred back to the regular adjudicatory bodies. The exact duration of an auxiliary chamber’s existence varies and depends directly on the organizational needs of the court.
Critical appraisal and practical significance
Advantages of auxiliary chambers
Auxiliary chambers ensure increased efficiency of the judiciary by enabling flexible and rapid responses to unforeseen case load. By allowing for short-term personnel and organizational adjustments, procedural delays and backlogs in adjudication are reduced.
Challenges and points of criticism
The establishment of auxiliary chambers presents challenges in allocation, transparency, and traceability. Improperly or insufficiently justified short-term formation may raise questions concerning compliance with the statutory judge principle and rule-of-law guarantees. Therefore, case allocation must always be transparent and subject to control.
Summary
Auxiliary (criminal, civil) chambers form an essential component of German court practice. They are instruments to ensure the functionality of the judiciary in cases of temporary overload and thus help maintain effective judicial proceedings. Their importance for the justice system lies in ensuring the flexibility and adaptability of courts to changing requirements and workload situations, while at the same time maintaining the lawfulness and transparency of court proceedings.
Frequently Asked Questions
Who decides on the establishment of an auxiliary chamber?
The decision to establish auxiliary chambers lies with the presidium of the respective court. In the German justice system, the Courts Constitution Act (GVG) stipulates that presidium decisions are made on the basis of the case distribution plan. The presidium is composed of members of the court, usually chaired by the president or director of the court. In cases of exceptional overload of regular chambers, for example due to a high number of new cases, particular substantive or personnel difficulties, or due to absences caused by illness or maternity leave, the presidium may decide to establish one or more auxiliary chambers. These chambers are filled outside of the regular case distribution schedule and are assigned specific fields of responsibility. The decision must always be documented in writing to ensure transparency and traceability of case allocation.
According to what criteria are cases allocated to auxiliary chambers?
The distribution of cases to auxiliary chambers is based on the provisions of the case distribution plan and in compliance with the legal requirement of the statutory judge pursuant to Article 101(1) sentence 2 of the Basic Law. Allocation is mostly based on the chronological order of receipt (chronological principle), but may also be tailored to specific subject areas or special types of proceedings. The prerequisite is always that no arbitrary assignment takes place, but that distribution follows objective criteria already set out in the case distribution plan or its short-term amendment. The distribution rules must be clear, transparent, and established in advance, so that manipulation is excluded. Retroactive or case-specific changes for targeted allocation are not permitted.
Can judges serve on an auxiliary chamber without further requirements, or are special qualifications needed?
In principle, any regular judge employed at a given court can be appointed to serve on an auxiliary chamber. Assignment depends on the availability and existing qualifications of judges according to their appointments. For criminal chambers, for example, judges must be appointed for criminal matters (§ 43 DRiG). In practice, when assembling the chamber, care is also taken to ensure that sufficient experience in substantive and procedural law for the assigned cases is available to ensure proper handling of proceedings. A special qualification beyond regular requirements is typically not demanded. However, for more complex or particularly significant cases, experienced judges are generally preferred.
What impact does the establishment of an auxiliary chamber have on ongoing and new cases?
Ongoing proceedings generally remain with the originally responsible principal chamber, unless the case distribution plan expressly provides a different transitional arrangement. The allocation of new proceedings to an auxiliary chamber takes place according to the updated case distribution plan from the time of its establishment. Cases received after this date are assigned to the auxiliary chamber. The purpose is to achieve the smoothest possible distribution and handling and to avoid delays for the parties. A transfer of ongoing cases to the auxiliary chamber is only permissible in strict compliance with legal regulations so as not to impair the right to the statutory judge.
How long does an auxiliary chamber remain in operation, and according to what criteria is it dissolved?
The duration of service of an auxiliary chamber depends on the continued existence of the need for which it was established. It is set up to absorb temporary workload peaks or personnel shortages and remains in place until workload normalizes or the regular personnel situation is restored. Dissolution is by a presidium resolution, also documented in the case distribution plan. The measure must be proportionate and reviewed regularly. After dissolution, the presidium decides how to proceed with, allocate, or transfer pending cases to principal or other auxiliary chambers.
Do parties have the option to challenge the appointment or composition of the auxiliary chamber?
Parties have limited options to contest the establishment or personnel composition of an auxiliary chamber. The lawfulness of the chamber’s composition may be challenged within the framework of rejecting a judge due to suspicion of bias or on the grounds of violation of the statutory judge principle. If distribution rules are not adhered to or the assignment circumvents this principle, an objection may be raised. However, this must be done promptly, as per § 25 GVG or relevant procedural codes, considering preclusion after the conclusion of the oral hearing. Appointments themselves are of an internal administrative nature; complaints are therefore possible only within the narrow limits of the procedural rules and are not subject to regular appellate review.
What legal foundations regulate the establishment and operation of auxiliary chambers?
The legal foundation for the creation and operation of auxiliary chambers is primarily found in the Courts Constitution Act (GVG), especially §§ 21e et seq. GVG, which regulate case allocation and composition of judicial panels. In addition, the provisions of the respective procedural codes (e.g., ZPO, StPO) and the German Judges Act (DRiG) are relevant. The statutory judge principle from Article 101(1) sentence 2 of the Basic Law enjoys constitutional priority and requires that assignment is made in advance and via legally prescribed mechanisms. Federal state-specific implementation laws and internal administrative regulations may also contain additional rules, especially regarding documentation and allocation procedures.
