Arbitration body

from Wikipedia, the free encyclopedia

A panel of a court is the judicial body that decides in individual cases in the form of a judgment or order .

Germany

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

The main levels in Germany are single judges , chambers and senates ; in Austria at the ordinary court, single judge, lay judge (single judge / senate with lay judge as assessor), jury (single judge / senate with a lay bench) and senate (committee of professional judges).

Court and Arbitration Body

Every court in the organizational sense (example: regional court) consists of several arbitration bodies (example: civil chamber).

The law provides for various types of tribunal. Which of several similar bodies saying a court has jurisdiction is determined by the schedule of responsibilities . In procedural laws, the term “court” is often used in the procedural sense and then means the competent court (example § 203 StPO : “The court decides to open main proceedings if […]”). The judge handling the proceedings within the panel is the rapporteur .

Classification

In Germany one can essentially distinguish three levels according to the designation of the panel:

  • Single judge (called criminal judge or youth judge in criminal matters)
  • chamber
  • Senate (including regularly at the federal courts : BGH , BAG , BVerwG , BSG , BFH , BVerfG and at the higher regional courts)

With regard to the composition of the panel, one can differentiate as follows

  • Arbitration body with a professional judge
  • Arbitration body with a professional judge and several honorary judges
  • Arbitration body with several professional judges
  • Arbitration body with several professional judges and honorary judges.

At the Federal Patent Court there are also senates with an extraordinary breadth of occupation (three, four or five professional judges), these divided differently between judges with normal qualifications (legally qualified members) and technical judges (according to the special regulation in Section 120 that only applies to this court DRiG ).

Basic right to the legal judge

A decision by the wrong panel affects the basic judicial right to the legal judge . Within a court, a procedure is informally submitted or referred from the incompetent to the correct arbitration body. Judgments made by the wrong court are usually reversible ; Resolutions can be challenged with an (immediate) appeal .

Individual judges in the various branches of the court

Ordinary jurisdiction

  • Higher Regional Court
    • Civil Senate - 3 professional judges
    • Single judge - in some cases in civil matters
    • Criminal Senate - 3 or 5 professional judges
  • Federal Court of Justice
    • Civil Senate - 5 professional judges
    • Criminal Senate - 5 professional judges (only 3 professional judges in the case of complaints against investigative judges' measures)

Administrative jurisdiction

  • Administrative court
    • Chamber - 3 professional judges, 2 honorary judges
    • Fachkammer (staff representation) - 1 professional judge, 4 honorary judges
    • Single judge

Labor jurisdiction

  • Labor court
    • Chamber - 1 professional judge, 2 honorary judges; in certain cases the chairman can decide alone

Financial jurisdiction

  • Finance court
    • Senate - 3 professional judges, 2 honorary judges
    • Single judge

Social justice

Constitutional jurisdiction

Individual evidence

  1. ↑ Data and facts. bayern.de , March 21, 2016, accessed on March 28, 2016 .