Federal jurisdictions of Germany
The federal jurisdictions of Germany are the jurisdictional bodies German established under the terms of article 92 of the Fundamental law and by which the Fédération exerts part of the judicial Power, which is mainly exerted by the Länder because of their competence of common right. The Federation can establish only jurisdictions expressly envisaged by the Fundamental law.
List
The federal jurisdictions are:- the federal constitutional Court ( of Bundesverfassungsgericht , Article 93 and 94 GG), the charged one with the constitutional contentious , in Karlsruhe;
- five supreme courts ( of oberste Gerichtshöfe , Article 95 GG), placed at the top of each of the five orders of jurisdiction:
- the Federal court ( of Bundesgerichtshof ), in Karlsruhe and Leipzig, for the ordinary jurisdiction;
- the federal Administrative court ( of Bundesverwaltungsgericht ), in Leipzig, for the administrative jurisdiction,
- the Federal court of finances ( of Bundesfinanzhof ) in Munich, for the financial jurisdiction,
- the Federal court of work ( of Bundesarbeitsgericht ), in Erfurt, for the jurisdiction of work,
- the federal social Court ( of Bundessozialgericht ), in Kassel, for the social jurisdiction;
- the common room of the supreme courts of the Federation, charged to ensure the unit of jurisprudence;
- the Federal court of the patents ( of Bundespatentgericht , Article 96 al. 1 GG), in Munich;
- two courts of troops ( of Truppendienstgerichte , Article 96 al. 4 GG), in charge of the disciplinary proceedings against the soldiers stationed on the German territory, in Münster and Munich;
- of the penal courts military ( of Wehrstrafgericht ), qualified during a state of defense and for the soldiers in deployment abroad or embarked on a warship (Article 96 al. 2 GG).
There also existed of 1967 to 2003 a federal disciplinary Tribunal ( of Bundesdisziplinargericht , Article 96 al. 4 GG) in charge of the disciplinary proceedings against the federal civils servant; its competences were transferred to the administrative jurisdiction.
The higher provincial courts ( of Oberlandesgerichte ), which is jurisdictions of Länder, can exert the jurisdiction of the Federation in certain penal procedures (Article 96 al. 5 GG).
Unit of jurisprudence
Large rooms
Within the supreme courts exist large rooms ( of große Senate ) charged to ensure the unit of the Jurisprudence in the event of dissension between several rooms. The Federal court has three of them (the large civil court, the large penal room and the large joined together room), the other courses have one of them.With the federal constitutional Court, such cases are settled by the plenary assembly.
The common room of the supreme courts of the Federation
The common room of the supreme courts of the Federation ( of Gemeinsamer Senate der Obersten Gerichtshöfe of Bundes ) is a body ad hoc charged to slice when one room of the one of the supreme courts wishes to reverse a jurisprudence of the one of the rooms of another court. Created by the law of June 19th, 1968, it is formed of the presidents of these five courses as well as president and of a judge of each implied room.The common room seldom meets, the fields of the various orders of jurisdiction being generally well delimited; the last decision goes back to 2000. The meetings are organized by the federal constitutional Tribunal with Karlsruhe.
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