Bundesgericht (Germany)

Federal courts are in accordance with Article 92 of the Basic Law (GG ) courts in the Federation, through which he perceives parts of the judicial state violence, which is otherwise exercised due to the fundamental allocation of powers to the states only from these ( by state courts). Therefore, the federal government may establish only those dishes that are expressly provided for in the Basic Law.

Exist as federal courts:

Sent from the normalized in Article 96, paragraph 2 GG authority for the establishment of military tribunals for the defense case and for abroad or located on warships soldiers, the federal legislature not made use; corresponding processes are assigned to the criminal courts.

Based on the authorization of Article 96, paragraph 4 of the Constitution establishing a disciplinary jurisdiction against persons who are to collar in a public- law contract, existed until 31 December 2003, a federal disciplinary court for disciplinary action against federal officials; these procedures are now within the jurisdiction of the administrative courts. Disciplinary proceedings against soldiers be brought before the courts service troops north and south; another troop service center court was disbanded in 1992. Also exists for disciplinary proceedings against judges in the federal public service with the exception of the judge at the Federal Constitutional Court, the Court of Federal service ( § 61 para 1 German Judiciary Act); this is not a stand-alone federal court, but a special Division of the Federal.

The judges of the supreme courts of the federal judges are elected by electoral law of judicial selection committee, composed of the Ministers of Justice of the countries and 16 elected by the Bundestag members. Candidates can be nominated by the Federal Minister of Justice and of the members of the judicial selection committee, candidates must possess German nationality and have reached the age of 35. After a non-binding opinion of the Presidential Council of the respective court for personal and professional suitability of the nominee of the judicial selection committee will decide by secret ballot by a majority of the votes cast. Those elected shall be appointed by the Federal President.

In order to maintain uniformity of the jurisprudence in the original version of Article 95 paragraph 1 GG a Supreme Court was provided, which ( corresponds to the content of the present Article 95 paragraph 1 GG ) in the former Article 96, paragraph 1 of the Basic Law provided " top federal courts " should be preceded by five jurisdictions, however, was never built. With effect from 23 June 1968, responded by a constitutional amendment that waived the Supreme Court and to preserve the uniformity of case law in Article 95 paragraph 3 GG now a Joint Senate of the Supreme Courts of the Federation ( GmS - OGB ) in Karlsruhe provides.

In addition to practice, although it is courts of the Länder, the Courts of Appeal in the district where the state governments have their seat, ordinary jurisdiction of the Federal Government in the way of Organleihe from when they are in pursuit of criminal cases pursuant to § 120 Para 6, § 142a Judicature Act adopt measures (Art. 96 para 5 of the Basic Law ). The particular consequence that for convictions by a Court of Appeal right to grant pardon under Article 60, paragraph 2 of the Basic Law of the Federal President, and not, as usual, lies with the competent authority of the country.

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