Definition and legal status of the Amtsrichter
Ein Amtsrichter is a judge who serves at the local court (Amtsgericht) and is primarily responsible at first instance for less extensive and lower-value legal matters. The Amtsrichter is an organ of the judicial power according to Article 92 of the Basic Law and, like all judges, is subject to the principles of independence, impartiality, and adherence to law and justice.
Duties and responsibilities
Area of activity in civil law
In civil procedure law, the Amtsrichter is generally responsible for civil disputes with a value in dispute of up to 5,000 euros, in accordance with § 23 of the Courts Constitution Act (GVG). He is also materially competent for certain substantive legal disputes regardless of the amount in dispute, such as tenancy disputes from residential leases (§ 23 para. 2a GVG) or family matters such as divorce, custody, and maintenance (§ 23b GVG).
Duties in criminal law
In the field of criminal justice, the Amtsrichter decides as a single judge or in the panel formed for criminal cases, the criminal court chamber or the Schöffengericht (mixed court with lay judges) (§§ 25-29, 28a-30 GVG). The jurisdiction of the Amtsrichter in criminal law covers offenses for which a maximum sentence of four years’ imprisonment is threatened or no higher penalties are expected. In particularly straightforward cases, Amtsrichter decide alone as criminal judges, while in other cases the Schöffengericht is constituted, presided over by an Amtsrichter together with lay judges (Schöffen).
Other areas of responsibility
Amtsrichter are also active in other matters, including:
- Carrying out voluntary jurisdiction (e.g. probate matters, guardianship cases, land register matters)
- Activities as investigating judge, e.g. in issuing search and arrest warrants (§§ 162, 169 StPO)
- Decisions on appeals in certain administrative offense proceedings (§ 68 OWiG)
Appointment, selection, and remuneration
Entry requirements and selection procedure
Qualification for the position of Amtsrichter requires passing the first and second state examinations as defined by the German Judiciary Act (DRiG). Selection is usually carried out by the competent state ministry of justice through a selection procedure in which civil service and judicial service law provisions apply.
Appointment and probationary period
Appointment as an Amtsrichter is for life and performed by the competent judicial administration. This is usually preceded by several years of probationary service (judge on probation according to § 12 DRiG) and evaluation procedures.
Official status and remuneration
Amtsrichter are special types of state civil servants and are classified within the R pay scale (judicial salary), usually in salary group R1. They enjoy judicial independence, freedom from professional instructions, and special protection against reassignment and removal.
The Amtsgericht and its organization
Structure of the Amtsgericht
The Amtsgericht is the entry-level court of the ordinary jurisdiction with nationwide competence at the county and major city level. An Amtsgericht is subdivided into panels, each assigned to one or more Amtsrichter. The judge at the Amtsgericht carries out duties as a single judge or, where legally provided, in collegial courts (e.g., Schöffengericht).
Management and administration
The Amtsgericht is headed by a director or president, usually an Amtsrichter with higher administrative responsibilities. However, the Amtsrichter is fundamentally separated from the administrative functions of the court, which serves to protect judicial independence.
Working methods and procedures
Single judge and collegial court
In the vast majority of proceedings at the Amtsgericht, the Amtsrichter decides as a single judge. Exceptions exist in certain criminal cases (Schöffengericht) and special family cases (family court with several judges).
Decision-making authority and jurisdiction
The Amtsrichter makes decisions based on the laws and regulations of the federal government and the states. His judgments at first instance can, in many cases, be appealed, usually by appeal to the Regional Court (Landgericht) or by complaint.
Distinction from other judges
Comparison: Amtsrichter, Landrichter, and Oberlandesrichter
Amtsrichter are responsible for the court of first instance and generally have less substantive decision-making authority than judges at the Regional Courts (Landgerichte) or Higher Regional Courts (Oberlandesgerichte). The areas of responsibility differ especially with regard to the value of the dispute, the complexity of the facts, and the significance of the case.
Legal remedies against decisions of the Amtsrichter
Civil proceedings
Against decisions of the Amtsrichter in civil proceedings, an appeal to the Regional Court (Landgericht) is generally available, provided the value at issue exceeds 600 euros or the court expressly allows the appeal (§ 511 ZPO).
Criminal proceedings
In criminal matters, an appeal can be lodged against a judgment of the Amtsrichter to the Regional Court, or—in certain circumstances—a direct appeal (‘Sprungrevision’) to the Higher Regional Court (§§ 312, 335 StPO).
Disciplinary law and supervisory control
Supervisory control and judicial independence
Amtsrichter are subject to the supervision of the president of the Amtsgericht as well as the superior judicial authorities. Supervision relates solely to external order and not to the content of judicial activities. Substantive instructions to the Amtsrichter are excluded.
Disciplinary measures
In cases of official misconduct, the special provisions of the German Judiciary Act (DRiG) apply. In serious cases, formal disciplinary proceedings may be initiated, up to and including reassignment or removal from office.
Continuing education and specialization
Amtsrichter regularly participate in training events, for example, on new legislation, digitalization, or procedural reforms. Within the Amtsgericht, Amtsrichter can be specially assigned to certain substantive areas (e.g., family matters, probate matters, criminal matters) while continuing to exercise the full function of an Amtsrichter.
References and further sources
- German Judiciary Act (DRiG)
- Courts Constitution Act (GVG)
- Code of Civil Procedure (ZPO)
- Code of Criminal Procedure (StPO)
- State laws on court organization
Summary: The Amtsrichter, as a judge at a local court (Amtsgericht), is responsible for a wide variety of tasks in civil, criminal, and other areas of law. Their legal position is characterized by judicial independence, defined jurisdictions, and clearly regulated selection and appointment processes. In the German legal system, the Amtsrichter plays a central role in access to justice and daily legal administration.
Frequently asked questions
What are the duties of an Amtsrichter in the German legal system?
Amtsrichter in Germany serve primarily in the local courts (Amtsgerichte) and perform judicial functions in civil, criminal, family, and guardianship matters. The main duties include hearing and deciding first-instance cases with a low value in dispute (up to 5,000 euros), criminal matters involving minor to medium-level criminality, residential tenancy cases, and certain family matters. Amtsrichter conduct hearings and take evidence, issue decisions and judgments, and are often involved in urgent proceedings or protective measures. Their range of duties also covers enforcement matters, commercial disputes, probate proceedings, and foreclosure sales. The primary responsibility of an Amtsrichter is to ensure a fair, lawful proceeding and to apply the law objectively.
How are Amtsrichter appointed in Germany and what are the requirements they must meet?
Appointment as an Amtsrichter in Germany is carried out by the respective state judicial administration. Applicants must have successfully completed the first and second state law examinations and possess at least three years of legal training, often as a legal trainee (Rechtsreferendar), as well as demonstrate personal suitability and integrity. Selection is based on suitability, qualifications, and professional performance in accordance with Art. 33 para. 2 of the Basic Law. After a probationary period, during which judicial and personal abilities are assessed, appointment for life as a judge follows in accordance with § 10 DRiG (German Judiciary Act). In addition to professional qualifications, applicants are also evaluated for their independence, decisiveness, and social competence.
What legal independence does an Amtsrichter have?
The legal independence of Amtsrichter is guaranteed by the Basic Law (Art. 97 GG) and the Judiciary Act. Amtsrichter are bound in their judicial activity only by the law and are not subject to instructions from superiors or the administration. Official directives that would influence decisions in a specific case are prohibited. Disciplinary measures are possible but require gross breaches of duty and are subject to strict legal standards and judicial review. Substantive and personal independence are core principles to ensure neutrality and impartiality in the administration of justice.
What is the significance of the Amtsrichter in criminal proceedings?
In criminal proceedings, the Amtsrichter is generally responsible for offenses and crimes of lesser and medium severity, provided that no sentence exceeding four years’ imprisonment is to be expected (see §§ 24, 25 GVG). He usually decides straightforward criminal matters alone (single judge), or in certain situations, jointly with lay judges (Schöffen) in the Schöffengericht. Typical cases include theft, simple bodily injury, traffic offenses, or fraud. The Amtsrichter leads the main trial, examines witnesses and experts, reviews evidence, and announces the verdict. In some administrative offense cases, he is also responsible for fine proceedings.
What legal remedies can be pursued against decisions made by an Amtsrichter?
Depending on the type of proceedings, various legal remedies are available against decisions of the Amtsrichter. In civil law, an appeal may be lodged with the Regional Court (Landgericht) in most cases, provided the subject of the appeal exceeds 600 euros or the Amtsgericht has expressly allowed the appeal (§ 511 ZPO). In criminal law, an appeal or, in some instances, a revision is possible. The appeal is made to the competent criminal chambers of the Regional Court, while the revision may, in rare exceptions, be brought directly before the Higher Regional Court. Appeals against individual court orders are also possible (e.g., in family matters or interim injunctions). The time limits and prerequisites for admissibility are set by law in each case.
In which cases does an Amtsrichter act as a single judge and when as part of a collegial panel?
As a rule, the Amtsrichter decides in civil and criminal proceedings as a single judge (§ 22 GVG, § 348 ZPO). In special criminal proceedings with more serious offenses (e.g., in Schöffen cases, § 29 GVG), the Schöffengericht is convened, consisting of a professional judge (Amtsrichter) and two lay judges (Schöffen). In certain civil matters or special subject areas, the court may also be staffed with several judges, such as in the family court or in involuntary commitment cases. The generally single-judge formation eases the workload of the judiciary and ensures swift decision-making at the lower instance, while larger disputes are always handled by a collegial court.
What is the significance of the principle of public proceedings at the Amtsgericht?
In general, the principle of public hearings applies before the Amtsgericht (§ 169 GVG). This means that every citizen has the right to attend oral hearings, unless statutory exceptions apply (e.g., protection of minors, victim protection, confidentiality interests) and the judge orders a restriction of public access. The public nature of proceedings serves to ensure transparency of the judiciary, oversight by society, and the safeguarding of trust in the justice system. In certain family matters, youth cases, or guardianship proceedings, public access may be excluded due to the high level of protection required for those involved.
