Court of Appeal Cologne

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The Court of Appeal Cologne was founded in 1814 is one of three courts of appeal in the left-bank part of the previous provinces of the later Rhine province . In 1819 it became the sole appeal court. As part of the Reich Justice Laws , it was converted into the Cologne Higher Regional Court in 1879 .

Emergence

After the Battle of Leipzig in 1814, French rule in Germany collapsed. The left bank of the Rhine became Prussian in its northern part .

Prussia took over the French courts. The previous peace courts remained, the first instance tribunals were renamed district courts . As upper courts passed:

There were three courts of appeal:

The district courts and commercial courts were subordinate to the courts of appeal.

The Cologne Court of Appeal was formed because the district of the Liège Court of Appeal was now spread across different states. The Liège Court of Appeal was responsible for the Meuse-Inférieure and Ourthe departments. Most of these parts had become part of the Kingdom of the United Netherlands in 1814 . Since 1805, however, the Département de la Roer also belonged to the court district of the Liège court. This and the small parts of the other two departments formed the judicial district of the new Cologne Court of Appeal.

Judicial reform in 1819

In 1819 the court organization was reorganized. In principle, the French court organization was retained, only the upper and middle courts reorganized. With a cabinet order of June 21, 1819, the Koblenz auditorium and the Düsseldorf court of cassation were dissolved. Its tasks were transferred to the new Rhenish Auditing and Cassation Court based in Berlin . The three appellate courts of Dusseldorf, Cologne and Trier were merged with cabinet order of June 21, 1819 with effect from August 31, 1819 in the Cologne Court of Appeal. The decision of King Friedrich Wilhelm III. an intensive discussion had preceded it for Cologne. In particular, Düsseldorf, which had been the seat of the most important court in the Grand Duchy of Berg , strongly advocated remaining the place of jurisdiction itself. As compensation, a regional court and two peace courts remained in Düsseldorf. In addition, Düsseldorf was promised an art school and a polytechnic institute.

The court was opened in the new form on September 1, 1819. It initially had 26 judges. Heinrich Gottfried Wilhelm Daniels (1819–1827) became the first president . The six regional courts, which arose from the previous 13 district courts, were subordinate to the court. Below were the courts of justice.

  1. Aachen Regional Court
  2. District Court Düsseldorf
  3. Trier District Court
  4. District Court of Kleve
  5. District Court Cologne
  6. District Court Koblenz

This judicial organization was fundamentally stable for the next six decades. In 1834 the Elberfeld Regional Court was separated from the Düsseldorf Regional Court, the Saarbrücken Regional Court from the Trier Regional Court in 1835 and the Bonn Regional Court from the Cologne Regional Court in 1850 .

In 1879 the court was overturned and the Cologne Higher Regional Court took its place.

building

The Rhenish Court of Appeal in Cologne (1826)

Since Prussia refused to take on financial burdens for the special route of Rhenish law, and correctly assumed that Cologne would be interested in the prestigious court of appeal, the city of Cologne - supported by a substantial subsidy from the Cologne Chamber of Commerce - agreed after lengthy negotiations, to provide the land for the new courthouse and to bear almost all of the construction costs. The "Rhenish Court of Appeal in Cologne" was created according to plans by government architect Johann Peter Weyer , who presented the first floor plans for the semicircular courthouse on June 20, 1819. In 1824, construction work began on this justice building in the best inner city location on the site of two earlier monasteries, namely on the property of the Augustinian monastery at Zum Lämmchen , which burned down in 1805, and in the vineyard of the former Cistercian monastery St. Mariengarten, which was laid down in 1802 as part of the secularization of St. Mariengarten on the street of the same name . The new judicial building was opened on November 6, 1826.

Judge

The first judges were mainly recruited from the previous middle courts in the Rhineland:

  • Johann Anton Schmitz , formerly Prefect of the Victory Department
  • Master builder, previously attorney general in Düsseldorf
  • Karl Josef von Mylius , come on. Lord Mayor of the City of Cologne
  • Schmidt, President of the Senate from Trier
  • Hartmann, Council of Appeal in Cologne
  • Methieu, Appellationsrat in Trier
  • Umbescheiden, Appeals judge in Trier
  • Schreiber, council at the Koblenz revision court
  • Wiendahl, Chief Justice of Kleve
  • Rieve, Chief Justice of Kleve
  • Schramm, appellate judge in Düsseldorf
  • Lenzen, appellate judge in Düsseldorf
  • Haugh, appellate judge in Düsseldorf
  • Sybenius, judge of appeal in Düsseldorf
  • von Gerolt , Karl Ferdinand, appellate judge in Cologne, initiator and member of the Zentral-Dombau-Verein zu Cologne
  • Schwarz, member of the Immediate Justice Commission
  • Müller, member of the Immediatjustizkommission
  • de Lassaulx, District Court President at the District Court of Malmedy
  • Effertz, appellate judge in Cologne
  • von Breuning, Member of the Board of Appeal in Koblenz
  • von Herrestorff, District Court President at the District Court of Koblenz
  • Müller, District Court Vice President at the District Court of Düsseldorf
  • Graun, Higher Regional Court Councilor in Frankfurt / Oder
  • Oswald, city judge in Münsterberg in Silesia

Presidents:

Other judges:

literature

  • Max Bär: The Authorities Constitution of the Rhine Province, 1919, reprint 1965, p. 401 ff.

Individual evidence

  1. ↑ Established on May 6, 1814, Ges.S. 1814, p. 75
  2. ↑ Established on February 11, 1814, Ges.S. 1814, p. 72
  3. ^ Ges-SS 162
  4. ↑ Ges-SS 209
  5. ^ Adolf Klein, The Rhenish Justice and the Rule of Law in Germany , in: Josef Wolffram / Adolf Klein (eds.), Law and Justice in the Rhineland , Wienand Verlag, Cologne 1969, p. 154
  6. ↑ Dieter Strauch, French law in the Rhineland , in: Dieter Strauch / Joachim Arntz / Jürgen Schmidt-Troje (eds.), The Appellhof zu Köln - A Monument of German Legal Development , Bouvier Verlag, Bonn 2002, ISBN 3-416-03024-9 , Pp. 32-33, there fn. 85-90