Term and Position of the Federal Court of Justice
Der Federal Court of Justice (BGH) is the highest court of ordinary jurisdiction in the Federal Republic of Germany. As an appellate and complaint instance, it is particularly responsible for civil and criminal matters. Its main task is to ensure uniform case law and the development of the law. The BGH is seated in Karlsruhe and has an additional location in Leipzig.
Legal Foundations of the Federal Court of Justice
Constitutional Foundations
The foundations of the Federal Court of Justice are enshrined in the Basic Law (GG) of the Federal Republic of Germany. According to Article 95 paragraph 1 GG, the Federal Court of Justice is established as the highest court for ordinary jurisdiction.
Statutory Regulations
The detailed structure of the BGH is primarily determined by the Courts Constitution Act (GVG). Here, the organization, responsibilities, and procedures of the court are regulated.
Structure and Organization of the Federal Court of Justice
Senates and Responsibilities
The Federal Court of Justice is divided into so-called senates, which are divided into civil and criminal senates. Currently, there are twelve civil senates and six criminal senates, whose number and responsibilities are determined by the business distribution plan. The senates are collegial courts each staffed with five members (judges).
Civil Senates
The civil senates deal with appeals and complaints from civil proceedings, for example, family matters, commercial matters, patents, and other areas of law.
Criminal Senates
The criminal senates decide on appeals, complaints against non-admission, and other disputes in criminal law matters.
Grand and United Senates
To avoid divergent legal opinions within the senates, the GVG provides for so-called Grand Senates , which can be convened in the event of disagreements. These include the Grand Senate for Civil Matters, the Grand Senate for Criminal Matters, as well as the Joint Senate of the Supreme Courts of the Federation, which is involved in cases of disagreements between the supreme federal courts.
The President and Administration
The BGH is headed by the President (or the Presidentess), who also assumes administrative tasks. He or she represents the court externally and is responsible for the organization and supervision of staff.
Tasks and Functions of the Federal Court of Justice
Instance of Appeal
The central function of the Federal Court of Justice is to Instance of Appeal review decisions of the higher regional courts and regional courts for legal errors. In doing so, the court examines exclusively the application of the law, not the establishment of facts.
Civil Law Appeals
In the field of civil law, the Federal Court of Justice is responsible for appeals against judgments of the higher regional courts and, in some cases, the regional courts.
Criminal Law Appeals
In criminal law, the BGH reviews rulings of grand criminal chambers of the regional courts as well as of the higher regional courts for proper application of law.
Case Law and Legal Development
In addition to the unification of case law, the Federal Court of Justice is responsible for the development of the law. Through landmark decisions, the court creates precedents that have a significant influence on lower courts and the application of law.
Binding Effect of Decisions
Decisions of the Federal Court of Justice have a binding effect for the respective case and serve as guidance for lower courts. They enjoy high authority within the legal system and are widely cited in case law and scholarly literature.
Jurisdiction and Proceedings before the Federal Court of Justice
Civil Jurisdiction
The jurisdiction of the BGH in civil law is governed by the GVG and additional special laws. An appeal to the BGH is generally only admissible if it has been expressly allowed by the appellate court or if a complaint against non-admission is successful.
Criminal Jurisdiction
In criminal law, the Federal Court of Justice is particularly responsible for appeals against judgments of the regional and higher regional courts, for example, in certain state security matters or in cases involving particular offenses.
Complaint Procedures
Furthermore, the BGH is responsible for a variety of complaint procedures, including the so-called ‘jump appeal’ or legal complaints in certain types of proceedings.
Course of Proceedings
The proceedings before the BGH are essentially governed by the Code of Civil Procedure (ZPO) and the Code of Criminal Procedure (StPO). The process is primarily in writing; oral hearings are possible but not mandatory.
Judges at the Federal Court of Justice
Appointment and Term of Office
The judges of the Federal Court of Justice are appointed for life by the Federal President. The selection is made by the Judicial Selection Committee, a commission of federal and state representatives.
Independence
The members of the court are independent in the exercise of their office and are subject only to the law. They are not subject to instructions and enjoy particular independence.
Significance and Influence in the Legal System
The Federal Court of Justice occupies a central position in the German legal system. Its decisions shape not only the application of laws, but also significantly contribute to the development and unification of the law. Due to the leading role of the BGH, its rulings are often decisive for the interpretation and development of standards and principles in civil and criminal law.
Seat of the Court and Court Organization
The main seat of the BGH is located in Karlsruhe. Some criminal senates are based in Leipzig. The choice of the court’s location is historically determined and governed by the federal law on the seat of the federal courts.
Literature and Sources
- Basic Law for the Federal Republic of Germany (GG)
- Courts Constitution Act (GVG)
- Code of Civil Procedure (ZPO)
- Code of Criminal Procedure (StPO)
- Federal Court of Justice, www.bundesgerichtshof.de
Weblinks
With this comprehensive presentation, the article provides a detailed overview of the legal foundations, organization, tasks, and practical significance of the Federal Court of Justice in Germany.
Frequently Asked Questions
How is the appeal procedure before the Federal Court of Justice structured?
The appeal procedure before the Federal Court of Justice (BGH) is a purely legal remedy in which it is verified whether the contested judgment of the lower court (usually the Higher Regional Court or a Regional Court in particularly situated cases) is based on a violation of federal law. Facts are generally not re-established, but rather a legal review of the decision is conducted upon application by a party to the proceedings (public prosecutor’s office or parties involved in the proceedings). The appeal is limited to specific grounds, for example, substantive legal errors or procedural errors. The BGH can refer the case in whole or in part for renewed trial and decision to another instance or, in some cases, decide itself conclusively. The appeal procedure serves both to safeguard legal uniformity in Germany and to protect individual rights, but it is not a ‘third instance of fact,’ being exclusively designed as an instance for reviewing legal violations.
What are the requirements for an appeal to the Federal Court of Justice to be admitted?
The admission of an appeal to the Federal Court of Justice requires special statutory prerequisites, which vary depending on the type of proceedings (civil, criminal, or family matters) set out in different procedural codes. In civil law, the appeal is only to be admitted pursuant to § 543 ZPO if the case is of fundamental significance or if the further development of the law or the safeguarding of uniform case law requires a decision by the appellate court. Whether these prerequisites are met is generally examined by the appellate court and documented in its decision. In criminal matters, the Code of Criminal Procedure specifies a ground for admission of an appeal in the event of a breach of federal law. Here as well, an express application for admission must be filed and justified. In certain cases, an appeal is permitted by law without special admission (e.g., in the case of life sentences). The prerequisites must be strictly examined; if lacking, the appeal will be dismissed as inadmissible.
What influence does the Federal Court of Justice have on the development of law in Germany?
The Federal Court of Justice plays a major role in the further development of German law. Through its highest court interpretations of the law, it creates binding leading decisions that guide both lower courts and legal professions in their daily work. The BGH’s decisions are regularly published in professional journals and legal databases and serve as orientation for future application of the law. The presiding judge of the senate or a so-called ‘Grand Senate’ decides in cases of divergent case law or fundamental legal questions. Especially in areas where the law allows for interpretation or no longer appears up-to-date, the BGH assumes a law-shaping function. Its judgments also influence legislative processes by highlighting ‘regulatory gaps’ or the need for reform.
How is the internal organization of the Federal Court of Justice structured?
The Federal Court of Justice is divided into several senates, each responsible for specific areas of law. There are both civil and criminal senates, currently twelve civil and five criminal senates, as well as several specialized senates (e.g., for notary cases, lawyer cases, or patent cases). Each senate consists of several professional judges, each headed by a presiding judge. The allocation of judges to the senates is the responsibility of the presidium, which prepares a business distribution plan at the beginning of the fiscal year. Decision-making powers and responsibilities are defined by the business distribution plans and statutory provisions (for example, by department or legal area). In the event of disputes, supporting (Grand) Senates can be convened for clarification. The organization ensures specialized competence and a balanced distribution of workload between the senates.
What role does the Federal Public Prosecutor play at the Federal Court of Justice?
The Federal Public Prosecutor (also known as the Federal Prosecutor’s Office) is the highest instance of the Federal Prosecutor’s Office and assumes the duties of the public prosecution at the Federal Court of Justice. It is responsible in particular for representing the state in criminal cases before the BGH, files appeals against criminal court judgments, and participates in oral hearings. The Federal Public Prosecutor not only examines whether legal remedies should be pursued, but also participates in the interpretation and development of the law by presenting legal opinions and applications. In cases of special public interest, for example in state security offenses or international legal assistance requests, it is also responsible for case management. The participation of the Federal Public Prosecutor ensures the uniformity and quality of criminal jurisprudence at the federal level.
What impact does a decision of the Federal Court of Justice have on lower courts?
The judgments and orders of the Federal Court of Justice have guiding influence on the case law of lower courts, even if they do not formally carry the rank of law. Lower courts are not expressly obliged to follow every BGH ruling, but in practice, the entire judiciary orients itself to the highest court’s guidelines to avoid deviations and the risk of successful legal remedies. If lower courts deliberately deviate from BGH case law, they must explicitly justify this. Since the BGH ultimately clarifies the decisive legal questions, it ensures legal certainty, clarity, and a uniform interpretation of federal law. In addition, BGH judgments also exert significant influence on legislative processes and legal practice outside the courts.
What options exist to challenge a decision of the Federal Court of Justice?
There are generally no ordinary legal remedies against a decision by the Federal Court of Justice, as the BGH is the highest instance in the area of ordinary jurisdiction. Exceptions exist only for extraordinary legal remedies, namely the constitutional complaint to the Federal Constitutional Court if fundamental rights violations are alleged, or in civil proceedings, in very rare cases, the lodging of a so-called ‘complaint against non-admission’ if admissible. In the event of new facts or evidence, a retrial may be requested under exceptionally strict conditions. Otherwise, the BGH’s decision is final and binding.
