Federal Court of Justice facts for kids
Quick facts for kids Federal Court of Justice |
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| Bundesgerichtshof | |
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| Established | 1 October 1950 |
| Location | Karlsruhe and Leipzig |
| Composition method | Election by Judicial Selection Committee |
| Authorized by | Basic Law of Germany |
| Number of positions | 153 judges (as of 15 January 2023) |
| President | |
| Currently | Bettina Limperg |
| Since | 1 July 2014 |
| Vice President | |
| Currently | Jürgen Ellenberger |
| Since | 2 December 2016 |
| Top - 0-9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z |
The Federal Court of Justice (in German: German: Bundesgerichtshof, often called BGH) is Germany's highest court for cases about private law (like arguments between people or companies) and criminal law (like crimes). Its main job is to check decisions made by lower courts for any legal mistakes.
Even though its decisions are officially only for the case they are about, lower courts almost always follow the BGH's interpretations of the law. Only the Federal Constitutional Court can change a decision by the Federal Court of Justice if it goes against Germany's main law, the Basic Law.
Some judges at the Federal Court of Justice also act as special investigating judges. They help with serious criminal investigations led by the Public Prosecutor General. For example, they can issue search or arrest warrants for very serious crimes.
Germany has different top courts for different types of law. The Federal Court of Justice has four sister courts:
- The Federal Administrative Court (for government matters).
- The Federal Fiscal Court (for tax matters).
- The Federal Labor Court (for work-related matters).
- The Federal Social Court (for social security matters).
The main location of the Federal Court of Justice is in Karlsruhe, a city in Germany. Two of its criminal divisions are based in Leipzig.
History of the Court
Early Courts
The idea of a top court in Germany goes back a long way. The Reichskammergericht, set up in 1495, was the highest court of the old Holy Roman Empire. It helped settle disputes.
After the Holy Roman Empire ended in 1806, many smaller German states became independent. Each had its own courts. Later, in 1870, a new court called the Bundesoberhandelsgericht started in Leipzig. It mainly dealt with trade law. When the German Empire was formed, this court, now called Reichsoberhandelsgericht, handled more types of civil law cases.
In 1879, the Reichsoberhandelsgericht was replaced by the Reichsgericht, also in Leipzig. This court had a much wider role, handling all civil and criminal cases across the Empire. However, after Germany lost World War II, the Reichsgericht was closed down in 1945.
Before the current court was formed, there was a Supreme Court for the British Zone in Germany, which started in 1948. Its job was to make sure laws were applied the same way across that zone.
How the Court Was Created
In May 1949, Germany's new main law, the Basic Law, was put in place. This law said that new top federal courts should be created for different areas of law.
About a year later, in October 1950, the German parliament decided that the top court for civil and criminal cases would be called the Bundesgerichtshof (Federal Court of Justice). They chose Karlsruhe as its main location after a lot of discussion.
The Federal Court of Justice officially started on October 1, 1950. It took over cases from the older courts. At first, it had only 12 judges, but this number quickly grew to 86 by 1952. This was because the court had more work than expected and its responsibilities grew.
Location and Buildings
The Federal Court of Justice is located in five buildings within a park-like area in the center of Karlsruhe. The main building is the beautiful Hereditary Grand Ducal Palace, built between 1891 and 1897. Parts of it were damaged during World War II but were later repaired.
In the 1990s, the Federal Prosecutor General's Office moved into a new building nearby. In 2003, a new extension building was opened, which includes a large library and a Museum of Legal History.
A new reception building with a big courtroom was opened in 2012. Before this, the garden was sometimes used as a helicopter landing spot for people being brought to court.
The court also has two smaller offices in Karlsruhe and two criminal divisions in Leipzig, located in a building called Villa Sack.
Judges of the Court
Who Can Be a Judge?
To be a judge at the Federal Court of Justice, a person must be a German citizen and have the right legal education. They also need to be at least 35 years old.
How Judges Are Chosen
Judges are chosen by a special committee called the Richterwahlausschuss. This committee includes justice ministers from Germany's 16 states and 16 people chosen by the German parliament (the Bundestag).
The Federal Minister of Justice or members of the committee can suggest new judges. The committee votes in secret, and a candidate needs a simple majority to be chosen. Once chosen, the Federal President of Germany officially appoints them.
As of 2023, the Federal Court of Justice has 153 judges. The number of judges is decided each year by the Bundestag as part of the national budget.
Retirement
Judges at the Federal Court of Justice serve for life, but they must retire when they reach a certain age. This retirement age is usually between 65 and 67, depending on when they were born.
How the Court Is Organized
Court Divisions
The Federal Court of Justice has 13 divisions for civil cases (called Zivilsenate) and six divisions for criminal cases (called Strafsenate). Each judge works in at least one of these divisions. Most divisions have about eight judges.
Cases are usually decided by a smaller group of five judges, not by all the judges in a division.
There are also eight special divisions (Spezialsenate) that handle very specific types of cases. Some of these special divisions include experts from outside the court who volunteer their time. However, most of the court's work is done by the civil and criminal divisions. For example, in 2021, about 10,200 out of 10,400 new cases went to these main divisions.
Each year, a plan is made that explains which cases go to which division.
- For civil cases, divisions handle specific topics. For example, arguments about copyright law go to the First Civil Division, while cases about inheritance go to the Fourth. This helps judges become experts in their area.
- For criminal cases, divisions usually handle appeals from certain regions. For instance, criminal appeals from courts in Berlin always go to the Fifth Criminal Division. There are a few exceptions, like one division that handles road traffic crimes or another that deals with national security matters.
Each division has a main judge called a presiding judge. This judge is also a regular judge of the court. They are chosen by the Federal Minister of Justice and appointed by the Federal President. The presiding judge's vote counts the same as any other judge's, but they help guide the division's work.
President and Presidium
The Federal Court of Justice has a president and a group of judges called the presidium.
The president of the court is a regular judge who is chosen by the Federal Minister of Justice and appointed by the Federal President. The president has two main roles:
- They lead at least one civil or criminal division, as well as some special panels.
- They also manage the court, overseeing other judges, staff, and helping with new laws.
Here is a list of all the presidents of the Federal Court of Justice since it started:
| Name | Started | Left | |
|---|---|---|---|
| 1 | Hermann Weinkauff (1894–1981) | 1 October 1950 | 31 March 1960 |
| 2 | Bruno Heusinger (1900–1987) | 1 April 1960 | 31 March 1968 |
| 3 | Robert Fischer (1911–1983) | 1. April 1968 | 30. September 1977 |
| 4 | Gerd Pfeiffer (1919–2007) | 1 October 1977 | 31 December 1987 |
| 5 | Walter Odersky (b. 1931) | 1 January 1988 | 31 July 1996 |
| 6 | Karlmann Geiß (b. 1935) | 1 August 1996 | 31 May 2000 |
| 7 | Günter Hirsch (b. 1943) | 15 July 2000 | 31 January 2008 |
| 8 | Klaus Tolksdorf (b. 1948) | 1 February 2008 | 31 January 2014 |
| 9 | Bettina Limperg (b. 1960) | 1 July 2014 |
The presidium includes the president and ten other judges chosen by all the court's judges. The presidium assigns new judges to divisions and can reassign them. They can also appoint a judge to be one of the special investigating judges.
What the Court Does
Civil Cases
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The civil divisions of the Federal Court of Justice mainly handle appeals about legal points.
In a typical civil case in Germany, if someone loses in a lower court, they can appeal to a second court. This appeal can be about facts or legal points. The second court will look at the whole case again.
Sometimes, the decision from this second court can be appealed further to the Federal Court of Justice. But this time, the appeal is only about legal issues. This means the court checks for mistakes in how the law was used or if the court process had problems. The Federal Court of Justice does not hear new evidence or witnesses. It reviews the case based on written documents and oral arguments. If the judges all agree that an appeal is not valid or won't succeed, they can dismiss it without a hearing.
Usually, you need permission from the lower court to appeal to the Federal Court of Justice. This permission is given if the legal issue is very important or if the court needs to clarify the law. If permission is denied, but the case is worth more than €20,000, the person can ask the Federal Court of Justice to review that denial. If the Federal Court of Justice agrees, it will then hear the appeal.
If the Federal Court of Justice finds a legal mistake, it sends the case back to the lower court. The lower court then has to make a new decision, following the BGH's instructions.
Investigating Judges
Two judges (plus four deputies) at the Federal Court of Justice work as special investigating judges. In Germany's criminal system, these judges decide on things like arrests, searches, and seizures during investigations.
Their power is limited to investigations of very serious crimes, such as certain crimes against humanity, high treason, or forming terrorist groups. These investigations are led by the Public Prosecutor General. The Public Prosecutor General can also take over investigations of other serious crimes, like murder or kidnapping, if they are very important for Germany's safety. In these cases, the investigating judges of the Federal Court of Justice also have power.
Special Divisions
Appeals in certain specific areas of law are handled by special divisions of the court. These divisions are made up of judges from the civil and criminal divisions, and sometimes include appointed volunteers with special knowledge.
For example, there are special divisions for:
- Cases about farming.
- Professional matters for lawyers, notaries, and tax consultants.
- Cases about competition law (Cartel Division).
- Disciplinary cases for judges (Federal Disciplinary Tribunal).
All judges in these special divisions are also regular members of a civil or criminal division.
Grand Panels and Joint Panel
If a division of the court wants to make a decision that goes against a previous decision made by another division, it must first ask the other division if they still stand by their old decision. If they do, and the first division still wants to make a different decision, the case goes to a "Grand Panel."
- For disagreements between civil divisions, the case goes to the Grand Panel for Civil Matters. This panel includes the main judges from all 13 civil divisions and the president of the court.
- For disagreements between criminal divisions, the case goes to the Grand Panel for Criminal Matters. This panel has two judges from each of the six criminal divisions and the president of the court.
If a disagreement happens between a criminal division and a civil division, the case goes to the Joint Grand Panels, which includes members from both Grand Panels.
If the Federal Court of Justice wants to make a decision that goes against a decision from another top German court (like the Federal Administrative Court), the issue goes to the Joint Panel. This panel includes the presidents of all top courts and two judges from the divisions involved in the disagreement.
These special panels are not used very often. For example, in 2021, the Grand Panel for Criminal Matters did not hear any cases.
Lawyers at the Court
For all civil cases heard by the Federal Court of Justice, parties must be represented by a special lawyer. This lawyer must be specifically allowed to practice at the Federal Court of Justice. This is the only court in Germany that requires such a special admission.
These lawyers can only practice at the Federal Court of Justice and other top federal courts, not at lower courts. It is very hard to become one of these lawyers; as of June 2022, there were only 38 of them. They are nominated by a committee and chosen by the Federal Minister of Justice.
In criminal cases, any lawyer admitted to practice in Germany can represent someone at the Federal Court of Justice.
Relationship with Other Courts
Federal Constitutional Court
The Federal Court of Justice cannot decide if a law is against the German constitution (the Basic Law). If the Federal Court of Justice thinks a law is unconstitutional and its decision depends on this, it must stop the case and ask the Federal Constitutional Court to decide first.
Also, any decision made by the Federal Court of Justice can be challenged by a "constitutional complaint" to the Federal Constitutional Court. This happens if someone feels their constitutional rights were violated. However, this complaint does not stop the Federal Court of Justice's decision from taking effect. For example, if a criminal appeal is dismissed, the conviction still stands even if the person asks the Constitutional Court to review it.
Court of Justice of the European Union
If a decision by the Federal Court of Justice depends on how a European Union law is understood, it must stop the case and ask the Court of Justice of the European Union (CJEU) for their interpretation. This is not needed if the EU law is already very clear from past CJEU decisions.
In 2022, the Federal Court of Justice sent eleven requests to the CJEU for their help in interpreting EU laws.
Court Style
Judgments from the Federal Court of Justice end with the phrase "von Rechts wegen," which means "by virtue of the law." This old phrase has been used since the 14th century and is also used by the Federal Labour Court, but not by other German courts.
Images for kids
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Logo of the Federal Court of Justice
