Courts of Germany facts for kids

Germany

This article is part of the series: Politics and government of Germany

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In Germany, the judges and courts are independent. This means they are not controlled by the government. There are laws that explain what kinds of cases courts can hear and what punishments they can give. But no law or government official can say that someone is guilty. Only the courts can decide this.

Why Courts are Important

Courts protect ordinary people from unfair actions by the government. They are also protected themselves, so they can make fair decisions.

Protecting People's Rights

Germany has had fair courts for a long time. This means that everyone is treated equally under the law. You can challenge government decisions in court if you think they are wrong. No law or government official can say that a person or group is guilty. Only a court can decide this.

Keeping Courts Independent

The way courts are set up helps keep them independent. The main government (the Federation) decides what kinds of courts should exist. But the individual states in Germany (called Länder) actually run most of the courts. This setup stops the main government from telling courts what to do or choosing all the judges. This helps make sure courts stay fair and independent.

How German Law Works

Germany uses a legal system called Roman law. This is different from countries like the United States or England, which use common law.

In a common law system, judges often look at how similar cases were decided in the past. In Germany, courts use a detailed set of written laws, like a big rulebook. Judges decide each case by comparing the facts to these written rules, not just to what other judges decided before.

Becoming a Judge

Because Germany's legal rules are very detailed, judges need a lot of training. Being a judge is a special career path in Germany. It's not like in some countries where lawyers become judges later.

After university, law students must pass a state exam. Then, they do a two-year training period, like an apprenticeship, to learn about different parts of the law. After another exam, they can choose to become a lawyer or a judge. Those who want to be judges start working in courts right away. They are on a temporary training period for up to four years before they become permanent judges.

Types of Courts in Germany

Germany has three main types of courts:

• Ordinary courts: These handle most criminal and civil cases.
• Specialized courts: These deal with specific areas like government actions, work disputes, or taxes.
• Constitutional courts: These check if laws and government actions follow the basic rules of the constitution.

Ordinary Courts: Everyday Cases

There are four levels of ordinary courts:

Local Courts (Amtsgerichte)

These are the lowest courts. They handle small criminal cases or minor civil disputes. They also do routine legal tasks, like keeping company records. Most cases here are decided by one judge. If a serious criminal case might lead to a long sentence, two part-time judges help the main judge. There are 687 Amtsgerichte.

Regional Courts (Landgerichte)

These courts are above the local courts. They have sections for major civil cases and criminal cases. For complicated cases, three judges work together, but often one judge hears the case. Regional courts also hear appeals from local courts. Many major civil and criminal cases start here. There are 116 Landgerichte.

Higher Regional Courts (Oberlandesgerichte)

These courts look at legal questions raised in appeals from lower courts. They are also the first courts to hear cases about serious crimes like treason. There are 24 Oberlandesgerichte, with larger states having more than one.

Federal Court of Justice (Bundesgerichtshof)

This is the highest ordinary court in Germany, located in Karlsruhe. It is the final court for appeals from all regional and higher regional courts. No cases start directly at the Bundesgerichtshof.

Specialized Courts: Specific Issues

These courts handle specific types of legal issues:

• Administrative courts: These courts help people get compensation if they were harmed by mistakes made by government officials. For example, people might sue the government about where a power plant is built.
• Labor courts: These courts deal with disagreements about work rules and conditions between workers and employers.
• Social courts: These courts decide arguments about social support, like unemployment benefits or social security payments.
• Finance courts: These courts only hear cases related to taxes.

There is also a Federal Patents Court in Munich. This court handles disagreements about inventions and industrial property rights.

Constitutional Courts: Protecting Basic Rights

Each German state has its own constitutional court. These courts are independent from other government parts. They can even manage their own budget and staff.

These courts hear cases where the constitution and the rights it gives are questioned. For example, a criminal case might go to the Federal Constitutional Court if someone's basic human rights are involved.

The Federal Constitutional Court, called the Bundesverfassungsgericht, makes sure that other courts follow the basic rights in the constitution. Sometimes, it can even change decisions made by other federal courts. The Bundesverfassungsgericht also has the power to ban a political party if it acts against the constitution.