Term and Definition of the External Senate
The term External Senate in German court organization law refers to a judicial panel of a court whose seat and activities are not located at the central court location, but rather at another, often separate place. The External Senate is therefore physically separated from the main court location and exercises its jurisdiction independently within the jurisdiction assigned to it by law. The establishment of External Senates primarily serves the purpose of increasing court accessibility for parties involved in proceedings and adapting court organization to regional needs.
Legal Basis and Statutory Provisions
Civil Courts
The legal foundations for External Senates are primarily found in the Courts Constitution Act (GVG) as well as in specific laws, for example for social, labor, and administrative courts.
Courts Constitution Act (GVG)
According to § 16 GVG, panels of a Higher Regional Court or a Regional Court can have their seat at a location different from the court’s seat. The determination of the seat of an External Senate is made by organizational requirements, which are provided by statutory orders or legal regulations of the respective federal states.
Special Procedural Codes
Other procedural codes, such as the Social Court Act (SGG), the Administrative Court Code (VwGO), or the Labor Court Act (ArbGG), also allow for the establishment of External Senates to ensure decentralized jurisdiction and to take regional specificities into account.
Administrative Courts and Other Jurisdictions
In administrative and social jurisdiction, External Senates are frequently permitted and serve the purpose of decentralization. For example, §§ 5 and 14 VwGO allow the creation of chambers or panels with different court locations within a judicial district.
Determination Procedure
The exact determination of the seat, jurisdiction, and scope of action of External Senates is made by statutory orders or by resolution of the competent judicial administrations. Any relocation of the seat or establishment must be made public to ensure transparency and legal certainty.
Tasks and Functions of the External Senate
Judicial Instances and Judicial Panels
External Senates are predominantly established at Higher Regional Courts, Social Courts, Administrative Courts, or Labor Courts. An External Senate takes on all duties that fall to a panel at the main court seat. This includes, in particular, the hearing and decision of legal disputes within the assigned area of competence.
Advantages of an External Senate
The main advantages of External Senates are improved accessibility to the court for parties, witnesses, and legal representatives, as well as the relief of the central court seat. This allows the administration of justice in large states to be adapted more flexibly to the needs of the population.
Jurisdiction and Court Organization
Jurisdiction
The subject-matter and local jurisdiction of an External Senate are established by law or by regulation. As a rule, these are based on geographical, substantive, or organizational criteria. Apart from that, the usual procedural and jurisdictional rules as defined for the relevant courts and judicial panels apply.
Organization and Personnel
The composition of an External Senate corresponds to that of a regular panel at the main seat: as a rule, it consists of several professional judges and, where applicable, lay judges, particularly in labor, administrative, and social courts. The administrative and business management of an External Senate is generally subordinate to the main office of the court.
Procedure and Place of Hearing
The hearings and oral proceedings of External Senates take place exclusively at the court location assigned to them. A relocation of the seat is only possible in narrowly defined statutory exceptions or in the event of a threat to public safety. All court files and decisions of the External Senate are kept at the seat of the External Senate and can be accessed there.
Significance and Practical Examples
External Senates are widespread in several branches of the German judiciary, particularly in Higher Regional Courts (for example, the Higher Regional Court of Naumburg with External Senates in other cities of Saxony-Anhalt) and in Regional Labor Courts. They often serve to maintain a judicial presence at former main seats after comprehensive judicial structural reforms or to shorten travel distances for the population.
Distinction from Subsidiary or Auxiliary Courts
Der External Senate is to be distinguished from a mere branch office or an auxiliary court since it acts as a regular judicial panel with full decision-making authority, while branch offices or auxiliary courts are often administratively or functionally limited.
Legal Protection and Options for Appeal
Resolutions and decisions of an External Senate are subject to the same legal remedies and mechanisms of review as decisions of the main senate. The mere relocation of the place of hearing or the establishment of an External Senate does not in itself constitute grounds for an appeal.
Literature and Further Information
- Courts Constitution Act (GVG)
- Administrative Court Code (VwGO)
- Social Court Act (SGG)
- Labor Court Act (ArbGG)
- Statutory collections and commentaries on procedural codes in administrative law
This article provides a comprehensive overview of the legal structures, tasks, organization, and practical significance of External Senates in the German court organization.
Frequently Asked Questions
What functions does an External Senate perform in court proceedings?
Within the court’s organizational structure, the External Senate assumes specific functions specially assigned by law. Primarily, the External Senate is responsible for handling cases that, due to their particular nature, require specialization or relief of the plenary body. It plays a role particularly within the work of Higher Regional Courts and Federal Courts, when External Senates are formed so that the court can also operate beyond its regular seat. This ensures that cases of supra-regional relevance or particular complexity are dealt with efficiently and appropriately. The External Senate issues binding decisions in civil cases, family matters, and—where applicable—criminal cases, and thus makes a significant contribution to legal certainty.
Under what circumstances is an External Senate established and deployed?
The formation and deployment of an External Senate depend on specific statutory requirements, which derive in particular from the relevant court organizational laws (e.g., GVG, FamFG, ZPO). As a rule, it is required that there exists a necessity for hearings to be held outside of the main court seat, for example to improve proximity and access to justice or to avoid overburdening the main court. In individual cases, an External Senate can be established by statutory orders of the state justice authorities or by statutory regulations. An increased number of incoming lawsuits within the jurisdiction of a court district can also justify the establishment of an External Senate, provided its local and subject-matter jurisdiction are clearly regulated by law.
How is the jurisdiction of an External Senate legally delineated?
The jurisdiction of the External Senate extends to cases specifically assigned to it for processing. The law or the court’s business allocation specifies for which matters, types of disputes, and venues the External Senate is responsible. This delineation is made in particular with regard to subject-matter, locality, and, if necessary, functional jurisdiction. It is expressly prohibited for the External Senate to handle matters that do not fall within its jurisdiction—this would violate the principle of the lawful judge pursuant to Art. 101 GG. The court’s business allocation plans must be designed in such a way that the assignment of cases is clear and apparent in advance.
What distinguishes an External Senate from another judicial panel?
In a legal context, the External Senate differs from other judicial panels, among other things, in terms of its location and its organizational incorporation within the court. While other judicial panels or senates convene in the main court building (mostly at the court’s seat), the External Senate works at an external location in order to better serve the people seeking justice, for example, in rural areas. Despite its name and different location, the External Senate is not a separate court, but a relocated judicial panel of the same court, to which it remains fully subordinate both organizationally and functionally. In terms of composition, legal status, and decision-making authority, it does not differ from other panels of the main location.
How are members of an External Senate selected?
The composition of the External Senate is based on the usual legal regulations for the staffing of judicial panels at courts. The business allocation, determined in advance each year by the court administration, assigns judges to specific panels and thus also to External Senates. Selection is made in accordance with the legal requirements for the independence and neutrality of judges. If a departing panel member needs to be replaced, succession is also determined by the established rules on representation and jurisdiction. In procedures involving lay judges (e.g. lay judges in criminal law, commercial judges in civil law), these are assigned to the External Senates according to the same procedures as for other panels.
What are the legal consequences of an incorrect composition or assignment to an External Senate?
An incorrect composition or improper assignment of a legal dispute to the External Senate can have serious legal consequences. The key principle here is that of the lawful judge pursuant to Art. 101 para. 1 sentence 2 GG: any deviation from a proper, previously established jurisdiction may—also upon objection by the parties—constitute an absolute ground for appeal or revision and render the judicial action void. In the worst case, this may result in remittal of the dispute, leading to considerable time and cost expenditure. Therefore, ensuring a lawful business allocation plan and transparent rules for composition and jurisdiction of the External Senate is of utmost legal importance.
