The Gazette 1967/71

The highest court (not a Land Court) is the Bundesgerichtshof (Federal Supreme Court). Each of the five sets of Land courts has its own separate Bundesgerichtshof. Appeals to this court are only allowed on points of Federal law and it sits in divisions of five judges with one presiding. All of these Federal courts may only deliver a single majority judgment. Most of the courts in Germany appear to be overworked and there is considerable delay in obtaining decisions in very many cases. The Civil Bundesgerichtshof at Karlsruhe has recently expressed concern about difficulties in filling the vacancies on the bench, while the Administrative Federal Supreme Court, which works on the lines of the French Conseil d'Etat, in West Berlin has to cope with its own difficulties. The Legal Profession in Germany The law governing the organisation, qualifica tion, fees and professional ethics of the legal profession is governed by statute. It would appear that only a German national can practise as a lawyer in the Federal Republic. Legal education and training is the same regardless of what one ultimately aims to do. Firstly, there are three-and- a-half years study at a university law faculty at the end of which there is a State examination. This is followed by a two-and-a-half year appren ticeship, which must be spent as follows : 1. Nineteen months in the office of a Notary, a Rechtsanwalt and in the administration of the courts. 2. Two months with labour courts or with organ isations dealing with matters of labour law and social security. 3. Nine months with the civil service and the administrative courts. At the end of this apprenticeship the student passes his second and final State examination. During studentship, the budding lawyer is given some interesting options. For example, he may spend up to one-and-a-half years of his university study at a foreign university and he may spend up to six months of his apprenticeship with a lawyer in a foreign country. Having qualified, there is a choice of four careers. Firstly, one may join the judiciary and become a judge or public prosecutor; secondly, one may apply for a position in the civil service; thirdly, one may practise as a Rechtsanwalt; and fourthly, one may study further and become a Notary. 110

Specialisation and Decentralisation The German courts are much more specialised than those in most common-law countries. This fact is brought home when one learns that there are five different sets of courts, which are : 1. Ordentlichcgerichte (Ordinary Courts), which deal with matters of Civil and Criminal Law. 2. Verwaltungsgerichte (Administrative Courts). 3. Finanzgerichte (Revenue Courts). 4. Arbeitsgerichte (Labour Courts). 5. Sozialgerichte (Social Insurance Courts). Each of these five sets of courts operate on three levels and each set of courts has a different Bundesgerichtshof as its court of last resort. Most of trie legal work of the Federal Republic is done by Ordinary Courts. The courts of first instance are called Amtsgericht (District Court) with jurisdiction in civil matters up to DM 2000 (approx. £225) and power to try petty criminal offences. There are 900 of these throughout Ger many, so that there is an Amtsgericht in most small towns. This court also has extended powers to deal with certain matters requiring a speedy solution, e.g. landlord and tenant disputes, enforce ment of judgments, etc. In the same building there are offices where the public is given assistance in obtaining free legal aid, drafting wills and regis tering documents. One judge is attached to each of these courts and his knowledge of the law is wide rather than deep. Appeals from the Amts gericht go to the Landgericht. The Landgericht (County Court) is the second level on which the ordinary courts operate. It is also a court of first instance and has unlimited jurisdiction in civil and criminal matters. The Landgericht hears appeals from the Amtsgericht. The court generally sits in divisions of three jud ges, one of whom presides and has a higher rank. One division specialises in civil cases, another in criminal cases and a third deals with comrnerical disputes. In the commercial division, it appears that only one trained and qualified judge sits and he is assisted by two lay judges who are generally experienced businessmen, sitting in an honorary capacity. The Oberlandesgerichte (Court of Appeal) is the third level in the Land hierarchy. There are nineteen of these throughout Germany and the court sits in divisions of three judges one of whom presides. The Oberlandesgerichte is the court of last resort for cases which originated in the Amts gericht and a court of appeal against decisions made in the Landesgerichte.