Court of Appeal (Prussia)

A court of appeal was the court of second instance in the Kingdom of Prussia from 1849 to 1879 and thus the forerunner of the higher regional courts in the German Empire . The courts were subordinate to the Upper Tribunal in Berlin .

As of April 1, 1849, there were 21 Prussian appeals courts. The Berlin Court of Appeal, the East Prussian Tribunal in Königsberg and the Ehrenbreitstein Justice Senate (Section 25 of the Regulation of January 2, 1849) used their traditional names instead of the appellate court. In 1867 five appellate courts were added, which - with the exception of the appellate court Frankfurt am Main, which was already subordinate to the higher tribunal according to ordinance (No. 6463) of November 19, 1866 (GS p. 741) - were subordinate to the higher appellate court Berlin until 1874 .

Appeal Court	Seat	province	Judicial district	Number of district courts
Court of Appeal Arnsberg	Arnsberg	Province of Westphalia	Arnsberg district , county Brilon , Kreis Lippstadt , Kreis Meschede , Olpe , Siegen , Kreis Wittgenstein and a small part of the circle Altena . After the transition from the Hohenzollern states of Hohenzollern-Hechingen and Hohenzollern-Sigmaringen to the Prussian state, the court was also responsible for these southern German areas until the Frankfurt Higher Regional Court was assigned this task in 1879 .	6th
Superior Court of Berlin	Berlin	Brandenburg Province	Potsdam administrative district excluding a small part of the Beeskow-Storkow district , part of the Königsberg , Lebus and Lübben districts from the Frankfurt administrative district and part of the Jerichow district from the Magdeburg administrative district	14th
Wroclaw Court of Appeal	Wroclaw	Province of Silesia	Wroclaw district without the Guhrau district and with the Bolkenhain , Hirschberg , Jauer , Landeshut and Schönau districts from the Liegnitz district	23
Court of Appeal Bromberg	Bromberg	Poznan Province	Bromberg administrative district	9
Court of Appeal in Celle since 1867	Celle	Hanover Province	Hanover Province	12 higher courts
Cöslin Court of Appeal	Cöslin	Pomeranian Province	Administrative region of Cöslin without part of the district of Dramburg and with part of the district of Arnswalde from the administrative district of Frankfurt	9
Justice Senate Ehrenbreitstein	Ehrenbreitstein	Rhine Province	the east Rhenish part of the Koblenz administrative district without the part of the Altenkirchen district that belongs to the Bonn Regional Court	3
Court of Appeal in Frankfurt am Main since 1867	Frankfurt am Main	Hesse-Nassau Province	Frankfurt am Main	1 city court
Court of Appeal Frankfurt ad Oder	Frankfurt (Oder)	Brandenburg Province	Frankfurt administrative district without part of the Arnswalde , Königsberg , Lebus and Lübben districts , with the Hoyerswerda district from the Liegnitz administrative district and part of the Beeskow-Storkow district from the Potsdam administrative district	15th
Appeal Court Glogau	Glogau	Province of Silesia	District of Liegnitz without the districts of Bolkenhain , Hirschberg , Hoyerswerda , Jauer , Landshut and Schönau and with the district of Guhrau from the administrative district of Breslau	14th
Appeal Court Greifswald	Greifswald	Pomeranian Province	Stralsund administrative district and the suburb of Anclamer Peendamm	3
Court of Appeal Halberstadt	Halberstadt	Province of Saxony	The districts of Aschersleben , Halberstadt and Oschersleben as well as the county of Wernigerode from the administrative district of Magdeburg and the districts of Heiligenstadt , Mühlhausen , Nordhausen and Worbis and part of the Mansfeld mountain district in the administrative district of Merseburg	6th
Court of Appeal Hamm	Hamm	Province of Westphalia	The districts of Bochum , Dortmund , Hagen , Hamm , Iserlohn , Soest and most of the Altena district from the Arnsberg district and the Rees , Essen and Duisburg districts from the Düsseldorf district	10
Insterburg Court of Appeal	Insterburg	Province of Prussia	Gumbinnen district	16
Appeal Court of Kassel since 1867	kassel	Hesse-Nassau Province	Kassel administrative district	6th
Appeals court in Kiel since 1867	Kiel	Schleswig-Holstein Province	Schleswig-Holstein Province	5
East Prussian Tribunal in Königsberg	Koenigsberg	Province of Prussia	Koenigsberg administrative district	14th
Court of Appeal Magdeburg	Magdeburg	Province of Saxony	Administrative region of Magdeburg without the districts of Aschersleben , Halberstadt , Oschersleben and the county of Wernigerode and part of the district of Jerichow II	10
Appeal Court Marienwerder	Marienwerder	Province of Prussia	Administrative districts of Danzig and Marienwerder and part of the Dramburg district	18th
Appeal Court of Münster	Muenster	Province of Westphalia	Münster administrative district	9
Appeal Court Naumburg	Naumburg	Province of Saxony	Administrative region of Merseburg without part of the Mansfeld mountain district and the districts of Erfurt , Langensalza , Schleusingen , Weißensee and Ziegenrück from the administrative district of Erfurt	15th
Appeal Court Paderborn	Paderborn	Province of Westphalia	Minden administrative district	7th
Poznan Court of Appeal	Poses	Poznan Province	Poznan Governorate	17th
Court of Appeal Ratibor	Ratibor	Province of Silesia	Opole administrative district	16
Appeal Court of Szczecin	Szczecin	Pomeranian Province	District of Szczecin excluding the suburb of Anclamer Peendamm	8th
Wiesbaden Court of Appeal since 1867	Wiesbaden	Hesse-Nassau Province	Wiesbaden administrative district	3

In the left bank of the Rhine province , the French judicial organization with German terms continued to apply. The Cologne Court of Appeal had the function of the Court of Appeal there. The courts subordinate to him were not called district courts, but regional courts.

In 1867, after the annexations or acquisitions of 1864/66, five new appellate courts were established in Celle - for Hanover -, in Kassel - for Kurhessen -, in Wiesbaden - for Nassau -, in Frankfurt am Main - for the city of Frankfurt - and in Kiel - for the duchies of Schleswig, Holstein and Lauenburg - established.

With the introduction of the nationwide judicial constitution law of 1877, the courts of appeal were dissolved in 1879 and mostly replaced by higher regional courts .

As early as 1810 to 1849, most of the Prussian higher courts had been called the Higher Regional Court.

literature

• HA Fecht: The court constitutions of the German states, 1868, p. 119 ff. And p. 132 ff., Online

Individual evidence

1. ↑ Ordinance on the abolition of private jurisdiction and the former place of jurisdiction as well as on the other organization of the courts of January 2, 1849 (PrGS pp. 1–13; in particular Sections 18, 24–26, enacted in implementation of Art. 88 of the constitution from 1848 )
2. ↑ The highest decree of May 21, 1850 regarding the re-acceptance of the designation "Kammergericht" by the appellate court of Berlin (Prussian GS 1850, p. 333)
3. ^ Supreme decree of October 25, 1856 (Justice Ministerialblatt 1856, p. 342)