The Local Court – Functions, Jurisdiction, and Legal Foundations
Das Local Court is a central court within the ordinary jurisdiction in Germany. Alongside the Regional Court and the Higher Regional Court, it is one of three levels of instances and forms the lowest instance in the hierarchy. The Local Court’s tasks are diverse and include both criminal and civil matters, as well as issues relating to non-contentious jurisdiction. The following article provides a detailed and comprehensive overview of the Local Court from a legal perspective.
Historical Development and Legal Basis
History of the Local Court
Local Courts were established with the introduction of the Imperial Justice Acts in 1879, replacing previous lower courts (peace courts, city courts, regional courts). Their tasks and competencies have since evolved significantly and have been adapted through various reforms (including the GVG reform) to current societal needs.
Legal Foundations
The legal basis for the Local Courts is found in the Courts Constitution Act (GVG). Structure, responsibilities, and staffing are regulated there. Further detailed provisions can be found in the German Civil Code (BGB), the Code of Civil Procedure (ZPO), the Code of Criminal Procedure (StPO) and numerous supplementary laws.
Organization and Structure of the Local Court
Structure and Judicial Districts
A Local Court is generally a single authority with a clearly assigned district area. The court district is usually determined spatially by the boundaries of towns or counties. Multiple Local Courts may exist within one Regional Court district.
Internal Structure
The Local Court is divided into various divisions, such as civil division, criminal division, family court, probate court, guardianship court, land registry, and enforcement division. The respective divisions are staffed with judges and, where applicable, judicial officers.
Court Management
The management of the Local Court is the responsibility of the Director of the Local Court or a President, depending on the size and importance of the court.
Jurisdiction and Areas of Responsibility
Civil Jurisdiction
In civil law matters, the Local Court decides on all property disputes, where the value in dispute does not exceed 5,000 euros (§ 23 no. 1 GVG). Regardless of the amount in dispute, Local Courts have exclusive jurisdiction for:
- Tenant disputes regarding residential property
- Family matters (e.g. divorces, maintenance) as a Family Court
- Probate matters as a Probate Court
- Land registry matters as a Land Registry
Criminal Jurisdiction
In criminal law, the Local Court is responsible for:
- Criminal offenses with an expected custodial sentence of up to four years (§ 24 GVG) and without particular significance or complexity
- All criminal order proceedings
- Administrative offense proceedings, insofar as a court decision is required
Proceedings are conducted either before the criminal judge (single judge), or in the so-called small criminal chamber (criminal court with lay judges), consisting of one judge and two lay assessors.
Non-Contentious Jurisdiction
In the sphere of non-contentious jurisdiction, the Local Court assumes numerous tasks, such as:
- Guardianship matters (guardianship court)
- Adoptions
- Registry matters such as register of associations, commercial register (centralized in some federal states)
- Probate matters (e.g. granting of a certificate of inheritance)
Procedural Rules and Appeals Process
Procedure and Legal Remedies
Local Courts generally decide with a single judge, except for the criminal court with lay judges in criminal matters. Appeals against decisions by the Local Court are regularly appeals to the Regional Court, and complaints (in civil and family law proceedings) are admissible.
Appeals Path in Civil Proceedings
- First Instance: Local Court
- Appeal: Regional Court (§ 511 ZPO)
- Revision: Higher Regional Court or Federal Court of Justice if the complaint warrants it
Appeals Path in Criminal Proceedings
- First Instance: Local Court
- Appeal: Regional Court (§ 312 StPO)
- Revision: Higher Regional Court or Federal Court of Justice under certain conditions
Judges and Judicial Officers at the Local Court
Judge
Judicial activities at the Local Court include presiding over and deciding proceedings in various areas of law. Judges are independent and bound by statute and law.
Judicial Officer
In certain matters (including land register matters, probate cases, enforcement), the decision is not made by judges, but by a judicial officer, who acts as an independent body within the administration of justice.
Working Methods and Procedural Workflows
Oral Hearing and Decision
Civil cases at the Local Court are generally conducted in public oral hearings. By agreement of the parties, the court may order written proceedings.
Enforcement Proceedings at the Local Court
The Local Court also acts as the enforcement authority for titles resulting from judgments. Enforcement tasks are primarily handled by judicial officers.
Significance and Impact of the Local Court
As a court of first instance, the Local Court has considerable practical significance for the administration of justice, as it renders the majority of all initial judicial decisions. It is accessible to the public and ensures the enforcement of the law in everyday disputes, family life, inheritance matters, and real estate.
Special Local Courts and Special Jurisdictions
Insolvency Court
Certain Local Courts serve as insolvency courts responsible for insolvency proceedings. They are designated by the state justice administrations.
Central Register Courts
Registers of associations, commercial registers, and cooperative registers are maintained centrally at certain Local Courts in some federal states.
Payment Order Court
So-called central payment order courts are available for the automated processing of payment order procedures, usually also set up as special Local Courts.
Summary
The Local Court is the central instance for first-instance proceedings in civil, criminal, and non-contentious matters. With a broad scope of responsibilities and a wide range of statutory duties, it makes a significant contribution to the enforcement of the law and legal certainty in Germany. Its decisions often form the basis for the appeals process within the legal system.
See also:
- Regional Court
- Courts Constitution Act
- Code of Civil Procedure
- Code of Criminal Procedure
- Judicial Officer
Literature and Sources:
- Courts Constitution Act (GVG)
- German Civil Code (BGB)
- Code of Civil Procedure (ZPO)
- Code of Criminal Procedure (StPO)
- Federal Ministry of Justice: Brochure “The Courts at a Glance”
Frequently Asked Questions
How does a proceeding before the Local Court proceed?
The proceedings before the Local Court follow clearly structured legal requirements, which are governed by the Courts Constitution Act (GVG), the Code of Civil Procedure (ZPO), and the Code of Criminal Procedure (StPO). In civil cases, proceedings generally begin with the filing of a claim, either in writing or as recorded by the court office. After the claim is received, the Local Court first examines the admissibility and jurisdiction of the court. The defendant is then requested to respond to the claim. The court may schedule a conciliation hearing to encourage an out-of-court settlement. If no settlement is achieved, a contentious hearing follows, during which evidence is taken and legal arguments are exchanged. The proceedings conclude with the judgment, which is publicly pronounced and supported in writing. In criminal matters, the process usually begins with a criminal complaint or an indictment by the public prosecutor, followed by a main hearing in which the facts are clarified and judgment is rendered. The observance of formalities, deadlines, and the possibility of legal remedies such as appeal or complaint are particularly important.
In which matters does the Local Court have jurisdiction?
The subject-matter jurisdiction of the Local Court is specifically regulated in § 23 GVG and includes both civil and criminal proceedings. In civil law, the Local Court deals with disputes involving amounts in dispute up to 5,000 euros, regardless of amount in cases involving tenancy and residential property, as well as family matters (for example, divorces and matters pertaining to children), guardianship, and probate cases. In criminal law, the Local Court is responsible for criminal offenses punishable by a custodial sentence of up to four years, or if there is no special jurisdiction of the Regional Court or Higher Regional Court. Administrative fine proceedings and certain insolvency proceedings also fall within the subject-matter jurisdiction of the Local Court. The distinction from the Regional Court is determined by statutory provisions and by the value in dispute or the expected sentence.
What legal remedies are available against decisions of the Local Court?
Depending on the type of proceedings, different legal remedies may be sought against decisions of the Local Court. In civil law, the most important remedy is appeal pursuant to § 511 et seq. ZPO, which is available for matters in dispute of 600 euros or more or if the appeal is admitted. The appeal is usually lodged with the Regional Court. In addition, in certain cases, immediate complaint pursuant to § 567 ZPO may be possible. In criminal matters, appeal is similarly provided for (§ 312 et seq. StPO), targeting judgments of the criminal judge and criminal court with lay judges. For less serious judgments, a direct revision to the Higher Regional Court may be possible. In certain cases, such as probate or guardianship decisions, complaint is usually the permissible remedy. Compliance with deadlines and formal requirements is imperative, as failure to do so may result in loss of rights.
How is the staffing of a Local Court regulated in different types of proceedings?
The staffing of the Local Court depends on the nature and scope of the case to be handled. In civil proceedings, a single judge generally decides (§ 22 GVG); in specific family or child-related cases, a single judge is also the rule. In criminal matters, a distinction is made between the single judge (criminal judge, § 25 GVG) for simpler offenses and the criminal court with lay judges (§ 28 GVG) for medium-severity cases. The criminal court with lay judges consists of a professional judge and two lay judges (volunteer judges). In special cases, such as matters of detention, the Local Court may also act as an investigative judge. The exact staffing is determined by the relevant legal provisions and ensures a lawful, appropriate decision-making process.
How are the public service of decisions and summonses conducted by the Local Court?
Public service is a special form of serving court documents, applicable if the whereabouts of a party are unknown or service in the ordinary way is not possible. It is regulated in §§ 185 ff. ZPO and § 40 StPO. The Local Court orders public service by posting the document on a court bulletin board or in the electronic justice portal. The process is simultaneously documented, and service is deemed effective once the posting period has expired (usually two weeks). Public service is relevant, for example, when the defendant’s whereabouts are unknown and has significant legal effect, especially with regard to deadlines and the res judicata effect of court decisions.
What costs arise in proceedings before the Local Court and how are they calculated?
Costs in proceedings before the Local Court generally comprise court fees, possible court expenses, and attorney’s fees. Court fees are determined by the fee schedule of the Court Costs Act (GKG) and are usually calculated based on the value in dispute. Court costs can also include expenses for witnesses, experts, or interpreters. If the proceedings conclude by settlement, fees are often reduced. Attorney representation is governed by the Attorney Remuneration Act (RVG). In certain cases, such as low income, legal aid may be applied for, which depends on the applicant’s personal and financial circumstances. In addition, the court’s decision also determines cost allocation, so the losing party often has to bear all costs.
What role does the Local Court play in the payment order procedure?
The Local Court is the central instance in the judicial payment order procedure, which serves to swiftly recover undisputed monetary claims. The procedure is conducted in accordance with §§ 688 ff. ZPO. The payment order procedure is initiated by an application to the competent Local Court—nationwide mostly organized as a central payment order court. After examination of the application, a payment order is issued, to which the debtor may either pay or lodge an objection. If no objection is filed, the creditor can obtain an enforcement order, which directly constitutes an enforceable title. If the debtor files an objection, the case is, upon request, transferred to contentious proceedings, which are also usually continued before the Local Court with an oral hearing. The payment order process is formalized, cost-effective, and fast, thus significantly easing the burden on civil courts.
