Definition and Legal Basis of the Single Judge
The term “single judge” refers, within the German judiciary, to a particular judicial organizational form. It describes a judge who decides a legal proceeding alone, which would usually be decided by a panel or chamber comprised of several members. The single judge’s authority is designed to relieve courts composed of multiple judges and to facilitate the faster and more efficient handling of cases that are suitable for such a procedure.
Statutory Foundations of the Single Judge
The statutory basis for the single judge principle is found in the Courts Constitution Act (GVG), in the rules of procedure (such as the Code of Civil Procedure, Administrative Court Procedure Code, Social Court Act, Fiscal Court Code, and Labour Court Act), and in some special provisions. The precise regulation varies depending on the type of jurisdiction, the instance, and the nature of the proceedings.
Civil Jurisdiction
In civil proceedings (before local and regional courts), the single judge is the standard at the local court according to § 22 GVG. At the regional court, the competence of the single judge is regulated by § 348 ZPO. Here, a member of the panel may decide as a single judge if the case does not involve any particular factual or legal difficulties, nor does it hold fundamental significance.
Administrative Jurisdiction
In administrative jurisdiction, § 6 VwGO provides that the chamber or senate may assign a single judge with the decision in particular ways. The authority of the single judge is subject to certain prerequisites and can be referred back to the chamber by the single judge in complex or fundamental matters.
Social Jurisdiction
According to § 12 SGG, in social court proceedings, the panel also decides but may delegate the case to one of its members as a single judge by resolution.
Labour Jurisdiction
Before the labour courts, the single judge is stipulated for certain cases by law (see § 16 ArbGG), in particular for dismissal protection cases.
Fiscal Jurisdiction
In the area of fiscal courts as well, the assignment to a single judge is regulated by § 6 FGO, with the respective panel having discretion to delegate the decision to one member as a single judge.
Requirements and Scope of Single Judge Authority
Assignment and Reassignment
Assignment to the single judge generally requires a corresponding resolution by the panel or senate. The possibilities for assignment are typically limited by legislation to ensure consistent quality and, where applicable, development of the law through a collegial bench. The single judge may exercise discretion to refer the case back to the regular panel (e.g., chamber or senate) in especially difficult or significant proceedings.
Exclusion of Decisions by Single Judge
Cases of particular significance, fundamental relevance for case law, or those involving especially complex legal or factual issues are generally excluded from single-judge decisions. Appellate instances are typically composed of panels; exceptions exist usually only in cases of manifest inadmissibility, lack of grievance, or when a threshold value is exceeded.
Role and Function of the Single Judge
In court proceedings, the single judge performs the same tasks as a panel, but is solely responsible for case management, taking of evidence, hearings, and decisions. A decision by a single judge has the same binding effect as one rendered by a panel composed of several judges.
Legal Remedies Against Decisions of the Single Judge
Decisions by the single judge can, in principle, be challenged with the same legal remedies provided against collegial court decisions (for example, appeal, complaint, revision). The guarantee of legal protection is therefore fully maintained.
Special Aspects in Appeals Instances
Some rules of procedure provide for differing or limited paths of legal remedies for certain single judge decisions, such as time limits for complaints against transfer decisions or simplified requirements for reassignment in appellate instances.
Purpose and Significance of the Single Judge Principle
The competence of the single judge primarily serves to relieve collegial panels, accelerate proceedings, and increase flexibility in judicial processes. It ensures that less complex and less significant legal disputes can be resolved considerably more efficiently in terms of both time and cost.
At the same time, the system ensures that, in cases of special importance or complexity, a collegial body makes the decision, which particularly benefits the acceptance of decisions and the development of jurisprudence.
Single Judge in International Comparison
The principle of the single judge also exists in other legal systems, especially in Europe, though the precise arrangement (assignment of competence, reassignment, appellate paths) is regulated differently in detail.
Summary:
The single judge is an essential component of the German court system and, in various jurisdictions, may exercise decision-making power alone by legal regulation. His competence depends on the type and significance of the case, while legal protection and the possibility of reassignment ensure the quality and acceptance of judicial decisions. The single judge principle thus makes a significant contribution to the efficiency and functionality of the German justice system.
Frequently Asked Questions
In which jurisdictions is the single judge employed?
The single judge is provided for especially in civil law, administrative law, social law, and labour law. In civil jurisdiction, the competence of the single judge is mainly regulated in first-instance proceedings (§ 348 ZPO). In local courts, the judge generally decides alone. In the regional court, a chamber generally conducts the proceedings, but the single judge may be entrusted with the decision according to the law (e.g., § 348a ZPO) if the matter does not present any particular factual or legal difficulties or hold fundamental significance. In administrative court proceedings, a panel generally decides, but assignment to a single judge is possible under § 6 VwGO under certain conditions. Likewise, in labour and social court proceedings, there are regulations requiring or allowing a single-judge decision if certain conditions are met.
What requirements must be met for a single judge to decide instead of a panel?
A single judge may decide in first-instance regional court proceedings under § 348a ZPO if the dispute does not have special factual or legal weight, nor any fundamental significance for the public. The presiding judge of the chamber may assign the matter to a single judge if the facts are sufficiently clarified and no complex legal questions are expected. In administrative proceedings, assignment to a single judge is possible under § 6 VwGO if the case does not present particular factual or legal difficulties or fundamental significance. The parties’ consent is often required, or the assignment may be made at the request of a party. Each procedural code provides detailed prerequisites and procedures for assigning to a single judge.
Can a single judge later refer a case back to the panel?
Yes, referral from the competence of the single judge back to the panel or collegial court is generally possible. For example, in civil procedure according to § 348 para. 3 ZPO: the single judge must refer the case to the chamber if it becomes apparent during the proceedings that, contrary to the initial assessment, there are particular factual or legal difficulties or fundamental significance. The same applies in other jurisdictions, as regulated in § 6 paragraph 3 VwGO for administrative court proceedings. Referral usually occurs upon request or mandatorily if the prerequisites for a single-judge decision are no longer met.
What role does the single judge play in appeal proceedings?
In appellate proceedings, the single judge is provided for under the relevant procedural codes (for example, §§ 526, 527 ZPO) only under special conditions. In many cases, the second instance is decided by a collegial court. Nevertheless, in straightforward appeals in civil law, the decision may be assigned to a single judge if the law expressly stipulates this and there are no special reasons against a single decision. The precise legal arrangement, however, varies between the branches of jurisdiction and depends significantly on the complexity of the individual case.
What legal remedies are available against decisions of a single judge?
Decisions by a single judge can, like all judicial decisions, be challenged by the ordinary legal remedies provided. In civil proceedings, for example, it is possible to appeal judgments of the single judge if the value in dispute or the interest in the complaint is reached. In administrative law, the general legal remedies (appeal, revision) apply, with no particular restrictions on single-judge decisions compared to those of a chamber. Some procedural codes also provide special remedies or complaints of procedural violations if procedural rights are breached by the single judge. Review is always conducted by the next higher court, i.e., a chamber or senate.
What tasks and powers distinguish the single judge from the panel?
In principle, the single judge possesses all judicial powers as the chamber. He conducts proceedings independently, decides on motions, takes evidence, and renders judgment. The distinction lies in the fact that responsibility and discretion rest with a single individual. Legally, the single judge is equivalent to the collegial court within the scope of the assigned case. Differences exist only in the extent of consultation and deliberation, which takes place in collegial courts, and the focus on the individual decision-maker in the case of the single judge. The decision-making standards, however, are identical; the relevant procedural laws apply.
Are there exceptions where a single judge is not permitted to decide?
Yes, certain proceedings or situations are excluded from decision by a single judge. For example, criminal procedure law does not provide for single-judge decisions in first-instance cases at the regional court; here, the large criminal chamber as a collegial court is responsible. In cases of particular significance or complexity, the law generally requires a panel in order to safeguard legal certainty and the quality of judicial decisions. Some special statutes or procedural codes also specify precisely when the single judge is not competent, for example, in matters of fundamental constitutional questions, cases of considerable complexity, or certain collective interests.
