Ecclesiastical court
A church court is the court of a religious community.
In Germany judged in some states ecclesiastical courts until 1879 also in worldly affairs, especially in matters of matrimonial law. With the enactment of the Judicature Act ( GVG ) sat by the idea of the rule of the courts. Judgments spiritual courts should be without (§ 15 GVG aF ), the stock of the ecclesiastical courts as such but remained unaffected civic action.
Under the Basic Law, the religious and philosophical communities manage their affairs independently ( Ecclesiastical self-determination ), which can also be done by an ecclesiastical jurisdiction.
Evangelical Church in Germany
In the Evangelical Church in Germany (EKD ), its member churches and their associations (eg ICE, VELKD ) are constitutional, administrative, disciplinary, teaching Complaint and staff representation matters to distinguish. Overall, an orientation to the state law takes place.
- Constitutional disputes: Here are combined constitutional and administrative courts (eg, Constitutional and Administrative Tribunal of the VELKD, Rechtshof the confederation of Protestant Churches in Lower Saxony ) or special constitutional courts (eg the Constitutional Court of the EKD ) responsible.
- Administrative disputes: The focus in this area is the service and pay the right pastor and church officials; but occasionally non- church members are even procedures involved. Are responsible in the first instance administrative courts (eg Administrative Court of the ICE; Ecclesiastical Administrative Court of the Evangelical Church in the Rhineland ) and constitutional and administrative courts (see above). Appellate courts are the Court Church of the EKD, the Administrative Court of the ICE and the Constitutional and Administrative Tribunal of the VELKD.
- Disciplinary matters: legal basis for the prosecution of breaches of official duties form the disciplinary laws of the EKD and VELKD. Are responsible in the first instance disciplinary boards (eg in church court EKD ), in the second instance, the Disciplinary Senate of the Church Justice of the EKD and the Disciplinary Senate of VELKD.
- Teaching Complaint: The punishment of breaches of duty teaching is done by special tribunals or quorums.
- Employee representation matters: For disputes within the church staff representation law are in the first instance ecclesiastical courts (church court of the EKD, but otherwise often referred to arbitration or arbitration body ) is responsible for the complaint, the Court Church of the EKD.
A special feature of the church judicial process is, inter alia, that the judges are not only bound " to uphold the law ," but also on " Scripture and the Confessions ." In terms of staffing, however, partly a set of teeth with the state judicial system takes place.
Decisions of the ecclesiastical courts are published eg in the annual published as a supplement to issue No. 4 of the Official Journal of the Evangelical Church of the Canon Law Institute of the EKD -law supplement.
Roman Catholic Church
In the Roman Catholic Church, the ecclesiastical courts are called depending on the diocese also Offizialate or consistory. The court organization and procedure are governed by the Code of Canon Law. The Catholic Church law recognizes criminal, matrimonial and administrative courts, the latter are not built in Germany. The second instance includes the ex officio proceedings, the Metropolitan Court and as a parent, papal instances the Tribunal of the Roman Rota and the Supreme Court of the Apostolic Signature, and in special cases also for confession and conscience issues ( as Gen. Forum Internum stuff ) and administrative matters (II. sections) responsible Apostolic Penitentiary.