Professional court
A professional court (formerly also a court of honor ) represents disciplinary law in Germany . As a court , it can be called upon in the event of violations of professional law , professional law or professional rules .
General
The measures taken by the professional courts can range from reprimands to professional bans .
There is a disciplinary professional jurisdiction in Germany
- on the one hand for state employees in a public service relationship , namely
- Judges ( service courts for judges within the framework of ordinary or administrative jurisdiction ; §§ 77 , 61 DRiG )
- Civil servants (administrative jurisdiction; § 45 BDG or state law)
- Soldiers (military service jurisdiction, i.e. troop service courts and Federal Administrative Court ; Section 68 WDO )
- on the other hand for liberal professions whose members are grouped together in professional chambers under public law, namely
- legal and business advisory professions, d. H.
- Rechtsanwälte ( attorney court → attorney Court → BGH ; §§ 92 ff. §§ 119 , 142 ff. BRAO ; administrative attorney things: § 112a BRAO)
- Patent attorneys ( LG Munich I → OLG Munich → BGH; §§ 85 ff., §§ 104 , 124 ff. PAO ; administrative patent attorney matters: § 94a PAO)
- Tax advisor ( LG → OLG / BayObLG → BGH; §§ 95 , 96 , 97 StBerG )
- Auditor ( LG Berlin → KG → BGH; §§ 72 , 73 , 74 WiPrO )
- Notaries (OLG / BayObLG → BGH; § 99 BNotO )
- Medical professions ( doctors , dentists , veterinarians , pharmacists , psychotherapists : state law)
- technical professions ( architects , engineers : state law; previously also pilots ).
- legal and business advisory professions, d. H.
From the case law of the Federal Constitutional Court see
- on lawyers: BVerfGE 48, 300 (1978); 26: 186 (1969); 18, 216 (1964)
- on health professions: BVerfGE 4, 74 (1954, NI); 18: 241 (1964, RP); 22, 42 (1967, NI); 27, 355 (1970, BW).
Health professions
The professional courts for health professions exist
- in most German federal states at the administrative courts
- in Bavaria and Saxony in the ordinary courts
- in Baden-Württemberg, Lower Saxony and Saarland at the chambers.
| country | Professional courts of first instance | Professional courts 2nd instance | Legal basis |
|---|---|---|---|
 BW
|
14 district professional courts (Stuttgart, Karlsruhe; Freiburg, Reutlingen, Tübingen) |
5 regional professional courts (Stuttgart) | Section 21 HBKG |
 BY
|
Professional courts ( OLG Munich and Nuremberg ) | State Professional Court ( BayObLG ) | Art. 68 HKaG |
 BE
|
Professional Court ( VG Berlin ) | Higher Professional Court ( OVG Berlin-Brandenburg ) | Section 67 BlnHKG |
 BB
|
Professional Court ( VG Potsdam ) | State Professional Court (OVG Berlin-Brandenburg) | Section 60 HeilBerG |
 HB
|
Professional Court ( VG Bremen ) | Court of Justice ( OVG Bremen ) | Section 66 HeilBerG |
 HH
|
Professional Court ( VG Hamburg ) | Professional Court of Justice ( OVG Hamburg ) | Section 5 HeilBerGerG |
 HE
|
Professional Court ( VG Giessen ) | Regional Professional Court ( VGH Kassel ) | Section 51 HeilBerG |
 MV
|
Professional Court ( VG Greifswald ) | Professional Court of Justice ( OVG Greifswald ) | Section 65 HeilBerG |
 NI
|
5 professional courts (Hanover), including the medical one | Court of Justice (Hanover) | Section 67 HKG |
 NW
|
Professional courts ( VG Cologne and Münster ) | State Professional Court ( OVG Münster ) | Section 61 HeilBerG |
 RP
|
Professional Court ( VG Mainz ) | Regional Professional Court ( OVG Koblenz ) | Section 59 HeilBG |
 SL
|
4 dishes (Saarbrücken) | 4 courts of law (Saarbrücken) | Section 34 SHKG |
 SN
|
Professional Court ( LG Dresden ) | Regional Professional Court ( OLG Dresden ) | Section 62 SächsHKaG |
 ST
|
Professional Court ( VG Magdeburg ) | State Professional Court ( OVG Magdeburg ) | Section 49 KGHB-LSA |
 SH
|
Professional Court ( VG Schleswig ) | Professional Court of Justice ( OVG Schleswig ) | Section 59 HBKG , Section 41 PBKG |
 TH
|
Professional courts ( VG Gera , Meiningen , Weimar ) | Regional Professional Court ( OVG Weimar ) | Section 49 ThürHeilBG |
In Austria there are disciplinary commissions for doctors ( Section 140 Doctors Act 1998), in Switzerland there are professional committees ( Art. 43 Professional Code of the FMH ).
Technical Jobs
Professional courts and honorary committees are responsible for architects and engineers.
Real professional courts exist
- in Bavaria and Berlin at the ordinary courts
- in Bremen, North Rhine-Westphalia, Rhineland-Palatinate (architects only) and Saxony-Anhalt (engineers only) at the administrative courts
- in Baden-Württemberg (architects only) and Lower Saxony with the chambers.
| country | Professional courts of first instance | Professional courts 2nd instance | Legal basis |
|---|---|---|---|
|
BW (Arch.) |
Professional Court (Stuttgart) | State Professional Court (Stuttgart) | Section 20 Architects Act |
|
BY
|
Professional court ( LG Munich I and Nuremberg-Fürth ) | State Professional Court ( BayObLG ) | Art. 28 BauKaG |
|
BE
|
Professional Court ( LG Berlin ) | State Professional Court ( KG ) | Section 23 ABKG |
|
HB
|
Professional Court ( VG Bremen ) | Professional Court of Justice ( OVG Bremen ) | Section 27 BremArchG , Section 29 BremIngG |
|
NI
|
Professional Court (Hanover) | Professional Court (Hanover) | Section 39 NArchtG , Section 42 NIngG |
|
NW
|
Professional Court ( VG Düsseldorf ) | State Professional Court ( OVG Münster ) | Section 51 BauKaG NRW |
|
RP (Arch.) |
Professional Court ( VG Mainz ) | Professional Court of Justice ( OVG Koblenz ) | Section 33 ArchG |
|
ST (Ing.) |
Professional Court ( VG Magdeburg ) | Professional Court of Justice ( OVG Magdeburg ) | 37 IngG LSA |
In addition, honorary committees have been set up at the chambers . The difference to the professional courts is that the decisions of the honorary committees can be challenged in normal administrative court proceedings.
| country | designation | Legal basis |
|---|---|---|
|
BB
|
Honorary Committee | Section 30 BbgArchG , Section 27 BbgIngG |
|
HH
|
Honorary Committee | § 20 HmbArchtG , § 17a HmbIngG |
|
HE
|
Professional regulations procedure | § 18 HASG , § 25 HIngG |
|
MV
|
Honorary Committee | Section 32 ArchIngG MV |
|
RP (Ing.) |
Honorary Committee | Section 38 IngKaG |
|
SL
|
Honorary Committee | Section 49 SAIG |
|
SN
|
Honorary Committee | Section 21 SächsArchG , Section 24 SächsIngKG |
|
ST (Arch.) |
Professional Legal Committee | § 22 ArchtG-LSA |
|
SH
|
Honorary Committee | Section 24 ArchIngKG |
|
TH
|
Honorary Committee | Section 35 ThürAIKG |
Court of honor
An honorary court or honorary council is also an institution in some associations and non-governmental organizations that is responsible for disputes in the organization. These organizations do not bring together representatives of specific professions, but rather members of local, ethnic and other communities.
In Germany in 1919, the Weimar Constitution abolished the military courts of honor through Article 105 , which were able to pronounce a simple farewell among peers .
Individual evidence
- ↑ BVerwGE 96, 189 (1994)
- ↑ See for example regulation of the Imperial Navy - DE No. 459 - Very Highest Ordinance on the Courts of Honor of Officers in the Imperial Navy of May 13, 1911
