The Federal Court of Justice (BGH): Legal Status, Functions, and Procedures
The Federal Court of Justice (BGH) is the highest court of the Federal Republic of Germany for civil and criminal matters. As the final instance of ordinary jurisdiction, it plays a central role in the German legal system. This article provides a comprehensive overview of the structure, legal foundations, responsibilities, organization, functions, as well as procedural law and the significance of the BGH’s decisions.
Legal Basis and Status of the BGH in the German Legal System
Legal Foundation
The Federal Court of Justice was established in accordance with Article 95 of the Basic Law for the Federal Republic of Germany. Its legal foundations are primarily regulated by the Courts Constitution Act (GVG), especially in §§ 133 et seq. GVG. Important provisions are also found in the Code of Criminal Procedure (StPO), the Code of Civil Procedure (ZPO), and other special statutes.
Function in the Appeals System
The BGH stands at the top of the ordinary courts, which comprise the Local Courts, Regional Courts, Higher Regional Courts, and the BGH. In the appeals system, following the so-called three-tier appeal process, it generally represents the third and final instance after a ruling by a Higher Regional Court or Regional Court.
Jurisdiction and Functions of the BGH
Civil Jurisdiction
In civil law, the BGH acts as a court of revision. It reviews on appeal the judgments of the Higher Regional Courts and, in certain cases, the Regional Courts when fundamental legal questions are decisive. The BGH exclusively decides on legal questions and examines whether the contested judgment is in accordance with applicable law. Findings of fact are generally not reviewed, unless legal errors are present.
Criminal Jurisdiction
In criminal law, the BGH also acts as a court of revision. Jurisdiction exists particularly in proceedings where the Higher Regional Court has decided as a court of first instance, or in cases specifically regulated by law, such as state security offenses. Here, the BGH assesses whether the criminal judgment contains procedural or legal errors.
Further Functions
The Federal Court of Justice further decides on certain complaints against decisions of lower instances, particularly on motions to recuse judges at the Higher Regional Courts. In the course of its work, the BGH also clarifies statutory interpretations and develops the legal system nationwide by ensuring the consistent application of existing law.
Organization and Structure of the BGH
Headquarters and Organizational Units
The BGH is headquartered in Karlsruhe, with a branch office for specific criminal panels located in Leipzig. Organizationally, the BGH is divided into panels (Senate), each responsible for specific subject areas.
Senates of the BGH
Currently, there are twelve civil panels (including the Cartel Panel) and five criminal panels. Each panel typically decides with five professional judges. Individual panels are responsible for specific areas of law, for example:
- VIII Civil Panel: Tenancy Law
- II Civil Panel: Corporate Law
- VI Civil Panel: Tort Law
- 1st Criminal Panel: State Security Offenses and Special Criminal Cases
In addition, there are special committees such as the Grand Panel for Civil Cases, the Grand Panel for Criminal Cases, and the Joint Panel of the Supreme Federal Courts. These are convened in the event of disagreements between panels to ensure consistent jurisprudence.
Composition and Appointment of Judges
The judges of the BGH are appointed jointly by the Federal Minister of Justice and the Judicial Selection Committee (§ 95 GG, §§ 125 et seq. GVG). The President of the BGH heads the court, supported by Vice Presidents and the chairs of the respective panels.
Proceedings before the Federal Court of Justice
The Revision Procedure
The revision procedure (§§ 541 et seq. ZPO, §§ 333 et seq. StPO) is the central procedure before the BGH. An appeal in revision is only permissible under strict legal conditions, such as to ensure consistent jurisprudence or if the judgment is of significant importance for the development of the law.
In civil law, the BGH decides whether the lower court correctly applied the law. In criminal law, the BGH examines whether the proceedings were properly conducted and whether the decision is based on legal errors. The revision may be upheld or dismissed.
Finality and Binding Effect of BGH Decisions
Judgments and orders of the BGH are generally final and binding on the parties. They also serve as guidance for the courts of first and second instance and contribute to legal certainty and uniformity in the German legal system.
Significance of BGH Jurisprudence for the German Legal System
Development of the Law and Guiding Function
Decisions of the BGH are of considerable importance for the development of German law. They often contain landmark rulings that are observed by courts of lower instance. The BGH’s jurisprudence significantly shapes statutory interpretation and serves as a benchmark for everyday legal practice.
Consistent Jurisprudence
As the highest court, the BGH ensures that applicable law is applied uniformly across Germany. In particular, in cases of diverging decisions by Higher Regional Courts, the BGH establishes legal certainty and clarity through its rulings.
Relationship to Other Federal Courts
Besides the BGH, there are other supreme federal courts in Germany, such as the Federal Administrative Court (BVerwG), the Federal Social Court (BSG), the Federal Labour Court (BAG), and the Federal Fiscal Court (BFH). The Joint Panel of the Supreme Federal Courts coordinates the jurisprudence of these courts to avoid legal fragmentation.
Literature and Further Information
- Courts Constitution Act (GVG)
- Basic Law (GG)
- Code of Civil Procedure (ZPO)
- Code of Criminal Procedure (StPO)
- Official website of the Federal Court of Justice: www.bundesgerichtshof.de
As the highest court of ordinary jurisdiction, the Federal Court of Justice occupies a central role in the German legal system. Its jurisprudence has a significant formative influence on judicial practice and the development of German civil and criminal law.
Frequently Asked Questions
What functions does the Federal Court of Justice (BGH) perform in the German legal system?
The Federal Court of Justice (BGH) is the highest court of ordinary jurisdiction in Germany and primarily decides as a court of revision on judgments passed by the Higher Regional Courts or Regional Courts in civil and criminal matters. Its central function is to ensure the uniformity of case law and the further development of the law through fundamental decisions. The BGH examines whether the law has been correctly applied in the contested decision; a review of the facts generally does not take place, but focuses instead on possible legal errors. In addition, the BGH performs special functions in matters of voluntary jurisdiction, competition law, and criminal enforcement. It is also responsible for certain issues of international legal assistance, such as extradition.
How is the BGH organized?
The BGH is divided into so-called panels (Senate), each responsible for specific matters. Currently, there are twelve civil panels, five criminal panels, as well as several special panels, such as the Cartel Panel, the Panel for Agricultural Affairs, or the Panel for Notarial Affairs. Each panel consists of several judges, with a presiding judge leading the panel. The allocation of cases to panels is based on subject-matter proximity and is regularly reviewed and adjusted. The administration of the BGH is in the hands of the President, who is assisted by a Vice President. Key decisions, such as the distribution of cases or fundamental questions, are taken by the Presidium of the BGH – consisting of the President, the presiding judges of the panels, and elected judges.
Who can appeal or review the decisions of the BGH?
Decisions of the Federal Court of Justice are generally final and can no longer be challenged by further ordinary legal remedies. However, an exception exists for constitutional complaints, which can be filed with the Federal Constitutional Court (BVerfG) if it is claimed that a BGH decision has violated fundamental rights. Furthermore, reopening of proceedings is possible under strict legal conditions, for example if new facts become known that suggest a different assessment of the case. In international law, correction or review by supranational courts such as the European Court of Human Rights (ECtHR) or the European Court of Justice (ECJ) is possible, but only for specific issues.
What is the significance of BGH judgments for lower courts?
The judgments and orders of the BGH provide guidance for lower courts. Although BGH decisions are not formally binding on lower courts, they have a de facto binding effect since departures from its jurisprudence occur only in particularly well-founded exceptional cases. This serves to create and maintain legal uniformity within the Federal Republic. Particularly new or differently worded decisions of the BGH have a significant impact on legal practice, as they set binding guidelines for the interpretation and application of legal provisions. Therefore, lower courts are expected to follow BGH jurisprudence in order to avoid potential grounds for revision.
In what cases does the BGH serve as the court of revision?
The BGH is typically called upon in cases where an appeal in revision against a judgment by a Higher Regional Court or a Regional Court is allowed. In civil law, revision is permitted if the lower court expressly allows it or if the value of the matter in dispute exceeds a certain threshold and the case is of fundamental significance. In criminal law, the BGH decides on appeals in revision against appellate judgments of the Regional Courts and against first-instance judgments of the Higher Regional Courts and Regional Courts. In this context, the BGH only reviews the legal assessment of the facts; a (renewed) establishment of facts is not possible. Thus, the revision serves exclusively to check for legal errors, not for a full factual review of the previous decision.
Are there special requirements for an appeal in revision before the BGH?
Not every court decision can automatically be brought before the BGH. The revision must regularly be allowed by the lower court – either due to fundamental importance, for the development of the law, or to ensure consistent case law (“admission revision”) – or it is possible by law, for example, if certain amounts in dispute are exceeded. The appellant in revision must also comply with the formal and substantive requirements of the statement of grounds of revision, in particular, must submit a proper statement within the statutory deadline and state precisely in which respects the law is alleged to have been violated. Procedural errors or unlawful application of law are typical grounds for appeal; mere dissatisfaction with the assessment of facts by previous courts is not sufficient.
What is the effect of guiding and landmark decisions of the BGH?
Guiding and landmark decisions of the BGH shape German law significantly, as they provide binding interpretations of fundamental or contentious legal questions. Such rulings create legal certainty and standardize jurisprudence for future cases. Especially on the interpretation of general legal terms, gaps in the law, or new societal developments, these decisions are trend-setting. While they are not legally binding for the lower courts, in practice, judgments are regularly based on them. Landmark decisions of the BGH are also highly significant in legal training and academia, serving as references for the development of German civil and criminal law.
