Federal Court of Justice (BGH)

Introduction

The Federal Court of Justice (BGH) is the highest court of the Federal Republic of Germany in the area of ordinary jurisdiction and thus responsible for civil and criminal cases. It plays a decisive role in the German legal system and contributes to the development of the law and the further development of the law. In this article, we will discuss in detail the Federal Supreme Court, its history, structure, functions and importance in the German legal system.

History of the Federal Court

The Federal Supreme Court was established after World War II and began its work on October 1, 1950. It was created in response to the experiences of the National Socialist era in order to strengthen the rule of law and the independence of the judiciary. The seat of the Federal Court of Justice is in Karlsruhe, with another senate located in Leipzig.

Structure of the Federal Supreme Court

The President or the President

The Federal Supreme Court is headed by the President, who is responsible for the administration of the Court.

Senate

The BGH is divided into senates, each of which has jurisdiction over specific types of litigation. There are civil senates, which deal with civil cases, and criminal senates, which are responsible for criminal cases. Each senate consists of a number of judges, including a chairman.

The Attorney General’s Office

The Office of the Attorney General at the Federal Supreme Court is an independent authority responsible for the prosecution of certain serious criminal cases, in particular cases involving the protection of the state.

Functions of the Federal Supreme Court

Case law

The main function of the BGH is to decide on appeals against judgments of the higher regional courts and, in certain cases, the regional courts. It is usually the final instance in civil and criminal cases.

Further development of the law and ensuring uniformity

The BGH contributes to the further development of the law by making fundamental decisions that clarify and further develop the interpretation of the law. It also ensures the uniformity of jurisprudence by making binding decisions as the highest court.

Standards control

The Federal Supreme Court can also act in the context of judicial review by examining the compatibility of legal provisions with the Basic Law.

Significance of the Federal Court

Respect for the rule of law

As the highest court, the BGH helps to uphold the rule of law by ensuring that the law is interpreted and applied correctly.

Protection of fundamental rights

The BGH plays an important role in protecting the fundamental rights of citizens by ensuring that court decisions are consistent with the fundamental rights enshrined in the Basic Law.

Legal certainty and legal clarity

Through its fundamental decisions, the BGH contributes to legal certainty and legal clarity. It clarifies indeterminate legal concepts and develops the law further in order to adapt it to social changes.

Uniformity of jurisprudence

The BGH ensures the uniformity of case law in Germany. Through its decisions, it sets standards that lower courts must follow.

Examples of significant decisions of the BGH

Over the years, the BGH has issued a number of significant decisions that have shaped German law. Examples include decisions on topics such as tenancy law, copyright law, family law and criminal law.

Challenges and criticism

Like any legal body, the BGH faces challenges and criticism. Sometimes the BGH is criticized for being too formalistic or that its decisions do not always reflect social realities. Nevertheless, the BGH remains a central pillar of the German legal system.

Conclusion

The Federal Court of Justice is a crucial institution in the German legal system. As the highest court of ordinary jurisdiction, it contributes to the development of law, legal clarity and the protection of fundamental rights. Its decisions often have far-reaching effects and shape German law. It is important for lawyers, attorneys, judges, and the public to understand the role and functions of the Federal Supreme Court.