Definition and Legal Nature of Awards
Awards are honors bestowed upon natural or legal persons, groups, or institutions for special merits, achievements, or behavior. They can be of public or private law character and appear in various forms, for example as orders, medals, decorations, titles, designations, prizes, or certificates. The legal classification and the associated protection or resulting rights and obligations are of central importance.
Forms and Types of Awards under German Law
Public Awards
Public awards include, in particular, state honors such as orders and decorations, which are conferred by state bodies (federal, state, or municipal authorities). The legal basis is usually a law, ordinance, or administrative regulation. Typical examples are the Federal Order of Merit, state orders of merit, or municipal honorary citizenships.
Legal Foundations
The conferral of state awards is based on corresponding legal provisions, such as the Law on Titles, Orders, and Decorations (Ordensgesetz, OrdG). This law regulates, among other things:
- Who is entitled to confer awards
- Which regulations apply to their wearing and revocation
- The criminal liability for unauthorized wearing or appropriation
Private Awards
Private awards are conferred by non-governmental bodies such as foundations, associations, clubs, companies, or other organizations. Their legal framework is primarily determined by civil law, in particular by association law (§§ 21 ff. BGB) and foundation law. Although private awards are generally not protected by law, protection rights—especially those relating to names or trademarks—may play a role.
Legal Effects and Significance of Awards
Significance in Honorary Law
Awards serve less to establish a subjective right and more to provide official recognition of an individual or collective achievement. Honorary law governs the scope and limits of the right to confer awards, and in particular the right to publicly wear or use the conferred decoration or title.
Use and Display of Awards
The right to use awards, titles, or orders is legally regulated in Germany. According to the OrdG, orders, decorations, and their reproductions may generally only be worn or used by those entitled to do so. Misuse is subject to penalties.
Criminal Protection
Section 132a of the German Criminal Code (StGB) protects titles, orders, and decorations from misuse. It stipulates that anyone who unlawfully uses domestic or foreign official or service titles, academic degrees, titles, or public distinctions, or allows unauthorized persons to wear insignia, will be punished.
Revocation and Forfeiture
A legal relationship between the state and the recipient arises upon the conferral of a public award. This may, in principle, be revoked or forfeited if the award was obtained through false statements or if the recipient becomes unworthy of the award due to their own conduct. The modalities for this are typically set out in the respective award regulations.
Protection and Misuse of Awards
Protection by Law
The Ordensgesetz and Section 132a StGB provide fundamental protection for state awards. For privately bestowed awards, such protection exists only to the extent that other rights (e.g., trademark law) are restricted.
Protection under Competition Law
If companies confer awards in the course of business or use them without authorization, this may be inadmissible under the Act against Unfair Competition (UWG). Deceptive or misleading advertising with awards is regularly prohibited and may give rise to cease and desist claims.
Name and Trademark Law
The designation of an award may be protected by name rights (§ 12 BGB) or trademark law. This applies in particular to well-known awards, prizes, or seals of approval, the unauthorized use or imitation of which is prohibited.
International Legal Situation and Recognition
The handling of awards varies internationally. Many countries have their own national regulations regarding the conferral, use, and protection of awards. For foreign awards, German law requires, according to Art. 5 para. 4 of the Basic Law, additional approval from the Federal President for wearing them. Mutual recognition often takes place through bilateral or multilateral international legal agreements.
Tax and Social Law Aspects
Awards that confer monetary gains, such as prizes or scholarships, may have tax implications. While state honors such as orders usually have no taxable value, cash prizes or other material benefits derived from conferral must be declared in the tax return and, if applicable, taxed. Social law generally does not create any claims or obligations arising from an award.
Awards in Employment and Civil Service Law
The conferral of an award can have effects on official assessments, promotions, or career advancement within an employment contract or civil service relationship. However, public honors are usually awarded outside the employment or service relationship and do not establish legal claims therein.
Literature and Further Sources
- Law on Titles, Orders, and Decorations (Ordensgesetz)
- German Criminal Code (StGB) §§ 132, 132a
- German Civil Code (BGB) § 12
- Trademark Act (MarkenG)
- Act against Unfair Competition (UWG)
These explanations provide a comprehensive overview of awards as a legal concept, considering the essential statutory regulations, protective mechanisms, effects, possibilities for misuse, and relevant connections to other areas of law.
Frequently Asked Questions
Who is legally authorized to confer awards?
The legal authority to confer awards, orders, or decorations generally belongs to state bodies, in particular the respective head of state, legally empowered authorities, or organizations authorized by the state. In Germany, the right to confer awards is mainly vested in the Federal President, but also partially in the federal states, for example, for merits in specific state areas. Private or non-state-authorized organizations may confer awards only if these do not appear to be official honors or have the character of orders, to prevent confusion with officially recognized decorations. The legal basis derives from laws, regulations, and administrative instructions, such as the Law on Titles, Orders, and Decorations (Ordensgesetz).
What are the legal consequences of wearing awards that were not conferred or are counterfeit?
The unauthorized wearing, appropriation or any other use of awards that were not duly conferred or are counterfeit is expressly prohibited in Germany and constitutes a criminal offense. Under Section 132a of the Criminal Code (“Misuse of Titles, Professional Qualifications, and Insignia”), anyone who unlawfully wears or acquires domestic or foreign orders or decorations may be punished by imprisonment of up to one year or a fine. This also applies to the imitation and public use of identical or similar insignia that could be confused with state-conferred awards. Even an attempt is punishable.
Are there statutory prohibitions on certain types of awards?
Yes, there are statutory prohibitions regarding certain awards, particularly those with National Socialist symbolism. Under the Ordensgesetz and Section 86a of the Criminal Code, the dissemination and public use of symbols of unconstitutional organizations, including related insignia and awards, is prohibited. Exceptions exist only for purposes of civic education, science, research, or reporting on current events. Likewise, prohibited awards may not be worn or traded publicly.
Under what circumstances may awards be revoked?
Awards may be legally revoked if the awarding institution provides for this and there are objectively significant grounds. This particularly includes subsequent misconduct that calls into question personal worthiness, such as serious criminal offenses or loss of honor. The legal basis for revocation can be found in the respective award law or the statutes governing the award. The procedure for revocation is formalized and usually includes a prior hearing of the person concerned. In such cases, a decision subject to legal remedies results in forfeiture.
What legal obligations apply to holders of awards?
Holders of official awards are subject to various legal obligations. These include, in particular, maintaining the dignity and reputation of the award, which should be reflected both in public conduct and private behavior. Furthermore, there is an obligation to wear the award exclusively personally and not to transfer it to third parties or to allow others to use it. Some awards are tied to particular standards of conduct and loyalty requirements, violation of which can lead to revocation. Some decorations may only be worn in certain prescribed circumstances, to which further regulations may apply.
What is the legal situation regarding international or foreign awards?
The use of foreign or international awards in Germany is regulated by law and generally requires approval from the relevant German authorities (§ 5 Ordensgesetz). Without such permission, foreign decorations may not be worn publicly. In some cases, recognition by the Federal President or the Foreign Office is required. The reason for this regulation is to prevent an uncontrolled accumulation and mixing of awards and to protect the reputation of German honors.
What happens to awards after the recipient’s death?
After the recipient’s death, awards are generally part of the estate. Heirs are usually not permitted to wear them publicly; they serve only as keepsakes. In some cases, especially with state awards, there is an obligation to return them. For example, the Ordensgesetz requires certain orders of merit to be returned after death. The corresponding award certificates generally remain with the family. Heirs may also not sell awards if this is expressly prohibited by the Ordensgesetz or the award regulations.
