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Specialisation and Decentralisation
The German courts are much more specialised
than those in most common-law countries. This
fact is brought home when one learns that there
are five different sets of courts, which are :
1.
Ordentlichcgerichte
(Ordinary Courts), which
deal with matters of Civil and Criminal Law.
2.
Verwaltungsgerichte
(Administrative Courts).
3.
Finanzgerichte
(Revenue Courts).
4.
Arbeitsgerichte
(Labour Courts).
5.
Sozialgerichte
(Social Insurance Courts).
Each of these five sets of courts operate on
three levels and each set of courts has a different
Bundesgerichtshof as its court of last resort.
Most of trie legal work of the Federal Republic
is done by Ordinary Courts. The courts of first
instance are called Amtsgericht (District Court)
with jurisdiction in civil matters up to DM 2000
(approx. £225) and power to try petty criminal
offences. There are 900 of these throughout Ger
many, so that there is an Amtsgericht in most
small towns. This court also has extended powers
to deal with certain matters requiring a speedy
solution, e.g. landlord and tenant disputes, enforce
ment of judgments, etc. In the same building there
are offices where the public is given assistance in
obtaining free legal aid, drafting wills and regis
tering documents. One judge is attached to each
of these courts and his knowledge of the law is
wide rather than deep. Appeals from the Amts
gericht go to the Landgericht.
The Landgericht (County Court) is the second
level on which the ordinary courts operate. It is
also a court of first instance and has unlimited
jurisdiction in civil and criminal matters. The
Landgericht hears appeals from the Amtsgericht.
The court generally sits in divisions of three jud
ges, one of whom presides and has a higher rank.
One division specialises in civil cases, another in
criminal cases and a third deals with comrnerical
disputes. In the commercial division, it appears
that only one trained and qualified judge sits and
he is assisted by two lay judges who are generally
experienced businessmen, sitting in an honorary
capacity.
The Oberlandesgerichte (Court of Appeal)
is
the third level in the Land hierarchy. There are
nineteen of these throughout Germany and the
court sits in divisions of three judges one of whom
presides. The Oberlandesgerichte is the court of
last resort for cases which originated in the Amts
gericht and a court of appeal against decisions
made in the Landesgerichte.
The highest court (not a Land Court) is
the
Bundesgerichtshof (Federal Supreme Court). Each
of the five sets of Land courts has its own separate
Bundesgerichtshof. Appeals to this court are only
allowed on points of Federal law and it sits in
divisions of five judges with one presiding. All of
these Federal courts may only deliver a single
majority judgment.
Most of the courts in Germany appear to be
overworked and
there
is considerable delay in
obtaining decisions in very many cases. The Civil
Bundesgerichtshof
at Karlsruhe
has
recently
expressed concern about difficulties in filling the
vacancies on the bench, while the Administrative
Federal Supreme Court, which works on the lines
of the French Conseil d'Etat, in West Berlin has
to cope with its own difficulties.
The Legal Profession in Germany
The law governing the organisation, qualifica
tion, fees and professional ethics of
the
legal
profession is governed by statute. It would appear
that only a German national can practise as a
lawyer in the Federal Republic. Legal education
and training is the same regardless of what one
ultimately aims to do. Firstly, there are three-and-
a-half years study at a university law faculty at
the end of which there is a State examination.
This is followed by a two-and-a-half year appren
ticeship, which must be spent as follows :
1. Nineteen months in the office of a Notary, a
Rechtsanwalt and in the administration of the
courts.
2. Two months with labour courts or with organ
isations dealing with matters of labour law and
social security.
3. Nine months with the civil service and the
administrative courts.
At
the end of
this apprenticeship the student
passes his second and final State examination.
During studentship, the budding lawyer is given
some interesting options. For example, he may
spend up to one-and-a-half years of his university
study at a foreign university and he may spend
up to six months of his apprenticeship with a
lawyer in a foreign country.
Having qualified,
there
is a choice of four
careers. Firstly, one may join the judiciary and
become a judge or public prosecutor; secondly,
one may apply for a position in the civil service;
thirdly, one may practise as a Rechtsanwalt; and
fourthly, one may study further and become a
Notary.
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