Court of Appeal
The Upper Court of Appeal was, according to the German Federal Act of 1815 of the German Confederation , the highest judicial organ and final court of appeal a Member State or a group of Member States.
history
Electoral legal independence
In the Holy Roman Empire , the electors had the privilege de non appellando since the issuance of the Golden Bull in 1356 : their territories were no longer subject to the jurisdiction of the imperial courts, and they therefore had to set up a separate supreme court for their respective territories. No appeal could be lodged with the imperial courts against decisions of these courts . This also applied to the electorate newly created in later years. For the Electorate of Bavaria , after Emperor Ferdinand II had granted him the Privilegium de non appellando in 1620 , the so-called Revisorium existed from 1625 , which was replaced in 1809 by the Munich Higher Appeal Court for the Kingdom of Bavaria . The Celle Higher Appeal Court was also established in 1711 after the Welfs had received the electoral dignity for their Electorate of Braunschweig-Lüneburg in 1692 . In the Duchy of Württemberg , the existing Oberhofgericht was set up as a permanent upper appellation tribunal in 1805 after the state had been elevated to the status of an electorate with the Reichsdeputationshauptschluss 1803. The Jülich-Bergisches Oberappellationsgericht was established for the duchies of Jülich and Berg in 1769 . In Hessen-Kassel , whose landgrave had also become elector in 1803, the Higher Appeal Court in Kassel , which was established in 1730, became the final instance from 1803 . In the margraviate of Baden , which was also elevated to the status of an electorate in 1803 , the Mannheim Higher Court received this function that the Mannheim Higher Appeal Court had previously.
Appeal privileges of other imperial estates
After the establishment of permanent imperial jurisdiction with the Reich Chamber of Commerce and the Reichshofrat , other imperial estates also obtained appellate privileges - mostly limited, but expanded over time. By the middle of the 17th century, almost all of the larger imperial estates had secured unlimited “Privilegia illimitata” and thus largely withdrew their territories from the imperial jurisdiction. Higher appeal courts then also functioned there. An example were the Higher Appeal Court for the Swedish fiefdoms in the Holy Roman Empire, founded in 1653, and the Ravensberg Appellate Court in Cölln . In 1703 a higher appeal court was added to Cölln for all fiefdoms of the Brandenburg Hohenzollern family with the exception of Kurmark and Neumark , which was the fourth instance of the Ravensberg appellate court in 1713. The two latter courts were merged with the Kurmärkischer Kammergericht in 1748/1750 . For the Prussian territories outside the empire there was a higher appeal court in Königsberg from 1703 .
German Confederation
With the end of the old empire , the jurisdiction of the previous highest imperial courts also ended. It was therefore necessary for the states remaining in the German Confederation to receive a corresponding third and final instance to replace the former imperial courts. Article 12 of the Federal Act of 1815 therefore required the states to set up courts of appeal as the third and final instance in civil and criminal matters. Each state should have at least one such court, and states with fewer than 300,000 residents should form such a court with their relatives or other states. In many federal states, especially those with a constitution, the Higher Appeal Court also formed the state court , which had to investigate and decide complaints of the estates against higher civil servants, ministers, etc.
| dish | Seat | State (s) | founding | Remarks |
|---|---|---|---|---|
| Supreme judicial authority Vienna | Vienna | Those parts of Austria that were part of the German Confederation | 1749 | from 1848: Supreme Court (Austria) |
| Prussian Higher Tribunal | Berlin | Those parts of Prussia that were part of the German Confederation | 1853 | Until January 1, 1853, these were the Secret Higher Tribunal (since 1782) and the Rhenish Auditing and Cassation Court (since 1819). From 1867 to 1874 also the Berlin Higher Appeal Court for Schleswig-Holstein, Hanover, Hessen-Nassau, Lauenburg, Waldeck-Pyrmont. |
| Higher Appeal Court Munich | Munich | Kingdom of Bavaria | 1809 | Successor to the auditorium established in 1625; also: the court of cassation for the Rhine Palatinate in Munich |
| Royal High Court of Appeal | Dresden | Kingdom of Saxony | 1835 | |
| Mannheim Higher Court | Mannheim | Grand Duchy of Baden | 1803 | |
| Higher Appeal Court Kassel | kassel | Kurhessen | 1746 | |
| Court of Appeal and Cassation Darmstadt | Darmstadt | Grand Duchy of Hesse , Hesse-Homburg | 1747/1832 | until 1824/25 also for the two Hohenzollerns |
| Higher Appeal Court Wiesbaden | Wiesbaden | Duchy of Nassau | 1818 | Successor to the Hadamar Higher Appeal Court founded in 1804 , which was relocated to Diez in 1810 |
| Supreme Court (Luxembourg) | Luxembourg | Grand Duchy of Luxembourg | 1830 | previously Liège High Court |
| Higher Appeal Court of Celle | Celle | Kingdom of Hanover (from 1857 also for Lippe-Detmold ) | 1711 | |
| Upper Tribunal Stuttgart | Stuttgart | Württemberg | 1805/1817 | Successor to the Württemberg court; from June 1824 also for Hohenzollern-Sigmaringen and October 1825 for Hohenzollern-Hechingen ; responsible for both Hohenzollern until 1851 |
| Higher Appeal Court Wolfenbüttel | Wolfenbüttel | Braunschweig ; until 1851/56 also for Waldeck , until 1857 for Lippe-Detmold and for Schaumburg-Lippe | January 3, 1817 | until 1855; then higher court Wolfenbüttel |
| Higher Appeal Court Jena | Jena | Ernestine Duchies and Reuss | January 7, 1817 | |
| Higher Appeal Court Zerbst | Zerbst | Anhalt and Schwarzburg states | October 1, 1817 | until 1849; then higher appeal court Jena |
| Parchim Court of Appeal | Parchim | Both Mecklenburg states | October 1, 1818 | until 1840; then Rostock Higher Appeal Court |
| Court of Appeal Innsbruck | innsbruck | Principality of Liechtenstein | 1817 | |
| Higher appeal court for the state of Oldenburg | Oldenburg | Grand Duchy of Oldenburg | 1814 | |
| Higher Appeal Court of the Four Free Cities | Lübeck | Bremen, Hamburg, Frankfurt am Main and Lübeck | November 13, 1820 | |
| Schleswig-Holstein-Lauenburg Higher Appeal Court | Kiel | Duchies of Schleswig , Holstein and Lauenburg | October 1, 1834 | 1850 to 1867 for Holstein and Lauenburg |
Conversion to higher regional courts
Following the enactment of the Reich Justice Acts of 1877, the existing Higher Appeal Courts were converted into Higher Regional Courts with the Reichsgericht as the unified final instance, when they came into force in 1879 .
literature
- Peter Jessen: The influence of the Reichshofrat and Reichskammergericht on the establishment and development of the Higher Appeal Court in Celle with special consideration of the struggle for the Kurhannoversche Privilegium De Non Appellando Illimitatum. Aalen 1986. (Studies on the German State and Legal History NF 27)
- Katalin Polgar: The Higher Appeal Court of the Four Free Cities in Germany (1820–1879) and its judges. Peter Lang, Frankfurt 2006, ISBN 3-631-55602-0 .
- Court of Appeal . In: Heinrich August Pierer , Julius Löbe (Hrsg.): Universal Lexicon of the Present and the Past . 4th edition. tape 12 . Altenburg 1861, p. 174 ( zeno.org ).
Individual evidence
- ↑ These so-called Kurlande had never been subject to the Reich Chamber of Commerce, so that the traditional Kurbrandenburg Chamber of Justice served as the appeal instance.
- ↑ From 1720 the Ravensberg Appellate Court and the Higher Appeal Court in Cölln were occupied in personal union. Cf. Ursula Schnorbus: A 203 IV Higher Appeal Court in Berlin . In: Finding aid of the Westphalia department in the NRW state archive, Münster 1993.
- ↑ Ursula Schnorbus: A 203 IV Higher Appeal Court in Berlin . In: in: Finding aid of the Westphalia department in the NRW state archive, Münster 1993.
- ↑ Hans Martin Sieg: State service, state thinking and service attitude in Brandenburg-Prussia in the 18th century (1713-1806): Studies for the understanding of absolutism. de Gruyter, Berlin a. a. 2003, (= publications of the Historical Commission in Berlin; Vol. 103), partly also: Diss., Freie Univ. Berlin, 2002, ISBN 3-11-017719-6 , p. 111.
- ^ Michael Kotulla: German Constitutional Law 1806-1918, A collection of documents and introductions . 1. Volume: All of Germany, Anhalt States and Baden. 2005, ISBN 978-3-540-29289-0 , pp. 121-122, books.google.de