Legal proceeding

The court proceedings or simply " process " is the judicial review of a situation on its legal consequences. In Austrian German is called the lawsuit also Causa, not to be confused with the right reason, which is also referred to. The term " process " describes the court proceedings only insufficient, as he always turns off a legal dispute.

Court proceedings in Germany

No court proceedings are the negotiations with quality sites, tribunal or mediators. Although arbitration by so-called arbitration take place and this also one of appeal open (eg: party jurisdiction), one can not speak of legal proceedings in the strict sense.

Everyone has the right to a fair hearing in accordance with Article 103 § 1 of the Basic Law in his cause. Because of the different regulatory matters of the federal legislature has enacted various laws for the types of procedures:

  • Civil law: in principle subject to the law of civil procedure for civil litigation, they are according to the Code of Civil Procedure (ZPO ) decided. For land registry cases, probate matters, service matters, matters of guardianship, housing, try simplifying legal and certain family law matters, the law is on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction ( FamFG ) application.
  • Criminal Law: In criminal law, the process is according to the rules of the formal criminal law, criminal procedural law ( mainly outlined in the Code of Criminal Procedure ( CCP) ) operated. ( The civil and criminal courts constitute the judicial order. ) Crime victims can apply for a civil action during the criminal justice process, in which a decision in addition to the punishment of crime about their civil rights (see above).
  • Administrative Law: The administrative disputes are negotiated in accordance with the provisions of the Administrative Procedure Code. The countries have partially adopted national implementing legislation for the Federal Administrative Court Act or the Administrative Procedure Code of Federal adapted. They are, however, to distinguish from the official administrative procedure which is not a judicial review. Also of the administrative justice procedures are in accordance with the
  • Delineate Constitutional Law: The Federal Constitutional Court and the national constitutional courts / state courts exercise the judicial proceedings in constitutional matters and in the protection of fundamental rights. For them separate laws have been enacted as the Federal Constitutional Court Act or, for example, the Law on the Lower Saxony State Court ( Constitutional Court Act ).
  • Employment: Find A specialist jurisdiction of the ordinary (civil ) courts dissolved the process of labor law in accordance with the provisions of the Labour Court Act instead of which, however, refers in § 46 ArbGG largely on the provisions of the Code of Civil Procedure.
  • Tax Law: The federal legislature has adopted the Tax Court order for the tax and levy legislation. The administrative procedure is regulated by the Tax Code.
  • Social Justice: What the Labour own social jurisdiction exists under the Social Courts Act. The provisions on Administrative Procedure contains largely the Tenth Book of the Social Code (SGB X).
  • Military Law: The procedure in troops duty affairs to the troops serving dishes and - in the cases of § 18 para 4 and § 21, § 22 WBO - before the military service Senates of the Federal Administrative Court proceeds according to the rules of the Military Complaints Regulations ( WBO ) and the Administrative Procedure Code, insofar as these expression of generally accepted process principles are; for the occupation of the military service court and the taking of evidence, the provisions of the Military Disciplinary Code ( WDO ), and additionally, the Criminal Procedure Code and the Judicature Act. The judicial disciplinary proceedings before the troop service courts and military service tribunals to the Federal Administrative Court goes according to the rules of the WDO from, again - as far as the nature of the judicial disciplinary proceedings does not preclude - except for the provisions of the Criminal Procedure Code and the Law on Courts, § 91Vorlage: § / Maintenance / buzer WDO.
  • Disciplinary Law: The Federal Disciplinary Court has now also incorporated in the Federal Administrative Court, so also here the Administrative Procedure for the procedure.

Each process knows the Rules of Procedure maxims, ie principles, upon which the procedure.

The assignment of the dispute to the types of procedures carried out in accordance with the relevant Act and the Judicature Act.

Each trial also opened the way over the instances ( exceptions eg § 511 ZPO, the force of law the decision of the Federal Constitutional Court ) in the rule. Here are remedies (mostly appeal, appeal or revision) available.

The method and the process is completed with the legal force of the judgment. Other possible reasons for termination are the discontinuance, the statement that the procedure is done in the main ( with subsequent taxation of costs ) or the comparison. Non-contentious proceedings end with a decision.

Federal Constitutional Court of Germany German labour law Federal Administrative Court of Germany Non-judicial punishment Prejudice (legal procedure) Otto Kirchheimer Gerhard Mauz Kangaroo court Integrated Authority File
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