Justice of the Peace – Definition, Legal Basis, and Duties in German Law
Concept and Historical Development of the Justice of the Peace
The Concept Justice of the Peace refers to a person entrusted with simple dispute resolution tasks and the out-of-court settlement of conflicts. The function of the Justice of the Peace is derived from historical models, in particular the ‘juge de paix’ known from French law. In Germany, the office of Justice of the Peace already existed in the 19th century, especially in the Rhine Province, but was later replaced by the system of local courts.
Today, the office of Justice of the Peace has been revived in various forms in certain federal states, particularly in the eastern states (e.g. Brandenburg, Saxony, Thuringia) as a voluntary conciliation board (§ 11 et seq. Saxon Conciliation Act and comparable regulations in other states) has been reintroduced.
Legal Basis of Justices of the Peace in Germany
Federal Legal Fundamentals
At the federal level, there is no independent, unified regulation for Justices of the Peace. The establishment, competences, and procedures of Justices of the Peace are determined by state legislation. It is an instrument of out-of-court dispute resolution that is designed by the federal states according to their legislative powers. Therefore, the main legal sources for Justices of the Peace are the respective conciliation and arbitration laws of the states .
Important State Laws
- Brandenburg: Law on Conciliation Boards in the Municipalities and Districts of the State of Brandenburg (Conciliation and Mediation Act – SchStG)
- Saxony: Law on the Justice of the Peace and Conciliation Boards (SächsSchiedsG)
- Thuringia: Thuringian Conciliation Board Act (ThürSchAG)
European and International Influences
In Germany, the office of Justice of the Peace has primarily historical and region-specific importance. Comparable institutions exist in other European countries, for example in Italy (‘giudice di pace’) or France (‘juge de proximité’, now abolished).
Tasks and Competences of Justices of the Peace
General Scope of Duties
Justices of the Peace mediate in civil disputes of minor significance as well as in certain criminal matters within the scope of private prosecution offenses. The goal of their activity is to achieve amicable dispute settlement without a costly or time-consuming court proceeding.
Specific Responsibilities
Civil Jurisdiction
- Neighbor law disputes, particularly in connection with the German Civil Code (§§ 903 to 924 BGB)
- Claims relating to property, provided there are no special legal jurisdictions to the contrary
- Offenses against personal honor (in private prosecution matters)
Criminal Jurisdiction
In the area of minor offenses that can be prosecuted through private prosecution (e.g. insult, trespass, minor bodily harm under §§ 374 et seq. of the Code of Criminal Procedure), Justices of the Peace initially conduct the conciliation process. This is a mandatory out-of-court pre-trial procedure.
Conciliation Procedure
Justices of the Peace conduct so-called Conciliation Procedureconciliation proceedings. The focus is on finding amicable solutions between the parties. The procedure follows legal principles, but is less formal than a court case. It usually ends with a settlement, which can be enforceable under certain conditions (§ 797a ZPO analog).
Proceedings Before the Justice of the Peace
Initiation and Process
The process generally begins when one of the parties contacts the Justice of the Peace. Both parties are summoned to a hearing. The Justice of the Peace adopts a conciliatory, mediating role and supports the parties in finding an amicable arrangement.
Obligation to Attend and Legal Consequences
For certain disputes (in particular neighbor disputes and many private prosecution cases), there is an obligatory conciliation. Only if the conciliation procedure fails is recourse to the ordinary courts possible. Failure to appear at the appointed time can result in costs or, in some cases, block the process.
Conclusion
The procedure ends:
- with a settlement (amicable settlement)
- with a certificate of failure (if no agreement is reached; prerequisite for initiating court proceedings)
Legal Effect of Arbitration Decisions and Settlements
Settlements before Justices of the Peace can constitute, according to state provisions, an enforceable document . This means, for example, payment obligations can be enforced directly, without the need for a court judgment (§ 797a ZPO, corresponding state regulations).
Settlements and arbitration awards are binding on the parties; they have an effect similar to a formal court settlement.
Selection and Term of Office of Justices of the Peace
Appointment
Justices of the Peace are elected in the relevant municipalities or appointed by the local councils. Details, in particular concerning the selection process, term of office and possible grounds for rejection, are set out in the respective state laws.
Requirements
As a rule, candidates must be of legal age and competent to contract, and must reside in the district. Previous convictions, ongoing court proceedings, or certain activities may exclude a person from holding the office.
Training and Continuing Education Obligations
The federal states ensure that Justices of the Peace are trained for their duties. Topics covered include conduct of proceedings, mediation, social skills, and the legal basis for dispute resolution.
Importance of the Justice of the Peace in the German Legal System
The office of Justice of the Peace helps to relieve the courts, especially by promoting out-of-court settlements of everyday, neighborly, or minor criminal disputes. In addition, the institution contributes to social pacification and the expansion of a culture of out-of-court conflict resolution.
The involvement of laypersons in dispute resolution also strengthens public trust in the rule of law and offers a low-threshold, citizen-oriented means of clarifying private conflicts.
Distinction from Other Institutions and Comparable Facilities
The office of Justice of the Peace must be distinguished from
- volunteer judges and lay assessors at local and regional courts (these participate in judicial decisions)
- mediators under the Mediation Act
- arbitration boards and arbitrators under the respective state laws (depending on the state, the term Justice of the Peace is largely synonymous with arbitrator)
- conciliation boards under § 15a EGZPO (out-of-court conflict resolution offices regulated at the federal level)
Literature and Further Information
- Texts of laws of the respective federal states (e.g. ThürSchAG, SächsSchiedsG, SchStG Brandenburg)
- E. Limmer: Das deutsche Schieds- und Schlichtungswesen, 2022
- Bundesvereinigung der Schiedsmänner und Schiedsfrauen e.V.: www.schiedsamt.de
Summary
The Justice of the Peace is an important element of out-of-court dispute resolution in certain German federal states. Through their mediating, low-threshold approach, they promote the amicable settlement of conflicts and relieve the courts. The specific structure, legal framework, and procedural details are governed by the respective state laws. Through their work, the Justice of the Peace strengthens the social peace function of the legal system.
Frequently Asked Questions
What are the duties of a Justice of the Peace in the German legal system?
In the German legal system, the Justice of the Peace is a person who is primarily assigned conciliation and mediation tasks in civil disputes. The role of the Justice of the Peace is to bring about agreements between disputing parties in out-of-court proceedings before a formal legal dispute is conducted before a state court. They are particularly active in so-called mandatory conciliation proceedings, which are legally required for certain matters – such as neighborhood disputes, disputes over claims for personal honor infringements outside of the press, and some other private law disputes (§ 15a EGZPO in certain federal states). In addition to leading the conciliation proceedings, the Justice of the Peace records the hearing, formulates the conciliation proposal, and documents the outcome. A settlement reached by the Justice of the Peace is enforceable if the parties agree and have it certified. However, the Justice of the Peace does not have decision-making powers like a judge, but acts solely as a mediator to end legal disputes as amicably as possible and thereby relieve the courts.
How are Justices of the Peace appointed and how long is their term of office?
The appointment of the Justice of the Peace in Germany is based on state law regulations, as arbitration boards and their organization are a matter for the states. Generally, the election is carried out by the local council or an equivalent body for the local area of the conciliation board. The suitability of candidates is determined by personal integrity, life experience, conflict resolution competence, and residence in the respective district. The term of office for a Justice of the Peace is, depending on the respective state law, generally five years, with the possibility of reelection. Official confirmation and swearing-in take place after the election. During their term of office, the Justice of the Peace is subject to certain duties, such as confidentiality, impartiality, and non-disclosure regarding all procedural matters.
What legal requirements must be met for a conciliation procedure before the Justice of the Peace?
For a conciliation procedure before the Justice of the Peace, there must be a civil legal dispute between the parties, which is eligible for arbitration under state law. These regularly include property disputes, neighbor disputes, and honor-related matters, provided there is no public interest for prosecution by the public prosecutor. In addition, there must be no special competence of another court (e.g. family court). In most federal states, the conciliation procedure is obligatory for certain types of lawsuits, meaning that an action before the local court is only permissible after unsuccessful conciliation (a so-called admissibility requirement – § 15a EGZPO). The parties must submit a formal application for conciliation, after which the Justice of the Peace convenes the hearing. If an agreement is reached, it is recorded and signed by both parties as well as the Justice of the Peace.
Is the proposal or settlement of the Justice of the Peace legally binding?
A settlement mediated by the Justice of the Peace becomes legally binding between the parties if both accept and sign it. It then counts as an enforceable title under § 794 para. 1 no. 1 ZPO. This means that enforcement measures can be initiated from this settlement if a party fails to meet its obligations. The situation is different for the conciliation proposal that the Justice of the Peace can make during the proceedings: this proposal is merely a recommendation and not legally binding unless it is formalized as a settlement and signed accordingly. If the parties cannot reach an agreement, they remain free to take their case to the ordinary courts.
What formal requirements apply to the procedure before the Justice of the Peace?
The conciliation procedure before the Justice of the Peace is characterized by low formality to make it as accessible as possible for the parties to the dispute. Nevertheless, there are key requirements: the application for conducting a conciliation procedure must be submitted in writing or for the record at the arbitration office. The parties are properly summoned and have the right to be heard. All results, especially settlements, must be recorded in the minutes. The Justice of the Peace must act impartially, and any bias must be excluded. Witnesses or supporters may be called upon, provided this is not excluded by law. In the event of failure, the Justice of the Peace issues a certificate documenting the failure of the procedure, without which a lawsuit before the competent court is inadmissible.
Do costs arise for the parties and how are these calculated?
The conciliation procedure before the Justice of the Peace involves comparatively low costs to provide a low-threshold conflict resolution option. Fees are determined by state fee regulations and usually range from 10 to 40 euros for the entire process; the fee may increase if a settlement is reached. In addition, there may be expenses, for example for notifications or witness summonses. Usually, both parties bear the costs equally, unless a different arrangement is agreed. Payment must be made after notification of fees to the Justice of the Peace or the competent local authority.
Are there any legal remedies against decisions of the Justice of the Peace?
Since the Justice of the Peace does not make final decisions with binding legal effect, but at most mediates a settlement or records failure, there is in the strict sense no legal remedy against their activity. Instead, after unsuccessful conciliation, the parties remain free to take the dispute to a state court. If the Justice of the Peace issues a certificate on the procedure, the ordinary legal process can be initiated within fixed deadlines. Objections to the conduct of the procedure or to the record can be raised directly within the conciliation procedure. Judicial review is otherwise limited to formal violations or the question of the admissibility of the conciliation process.
