German Supreme Court for the United Economic Area

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The German Supreme Court for the United Economic Area ( DOG ), based in Cologne, was a court created by Proclamation No. 8 ( American Zone of Occupation ) and Ordinance No. 127 ( British Zone of Occupation ) of February 9, 1948, responsible for appeal proceedings and other disputes, which concerned the law of the United Economic Territory. The members were appointed by the military governors (Art. III of the proclamation / ordinance). Its president was the lawyer Herbert Ruscheweyh , the lawyer general Hans Quambusch .

The jurisdiction of the court was defined as follows:

  • in the first instance (Art. V):
“(1) Disputes between the administration of the United Economic Area and a country or between two or more countries, if it concerns the application or interpretation of laws of the administration of the United Economic Area [...] or the validity, application or interpretation of the implementing provisions issued for this purpose, including the implementing provisions issued by one of the federal states;
(2) Actions by the administration of the United Economic Area against a country based on the fact that the legislation of a country or the implementing provisions issued for it are incompatible with a law of the administration of the United Economic Area or the implementing provisions issued for it or that they are incompatible with the the powers of the administration of the United Economic Territory exceed the jurisdiction of the federal states "
  • as an appeal instance (Art. VI):
"Revisions against decisions of a German court [...], which are otherwise no longer contestable with any legal remedy and concern one of the questions specified in Art. V or the application or interpretation of a law of the military government through which a German, with powers in the United Financial or economic institute equipped with an economic area is established, or an implementing provision issued for such a law "
  • Decision on the invalidity of implementing provisions (Art. VII):
"If the validity of an implementing provision issued under the statutory provisions of the administration of the United Economic Area is of importance for the decision of a German court and the court considers the provision to be invalid, it has the question of invalidity to the higher court for decision before it issues its final judgment to be submitted. "

On the one hand, the German Supreme Court therefore had competencies that corresponded to a supreme court of ordinary jurisdiction (such as the Federal Court of Justice ); on the other hand, in the first instance and on submission by other courts, it had tasks that are more of a constitutional court .

A special feature was Art. IX, which stated that the decisions in proceedings according to Art. V and VI are binding for “all other German courts and authorities” once they have been published in the Law Gazette (cf. today § 31 BVerfGG ). However, this provision was deleted in March 1951. 16 decisions had been published by then.

Pursuant to Art. 137 (3) of the Basic Law , the German Higher Court for the United Economic Area was also responsible for complaints against the Bundestag's election review decisions until the Federal Constitutional Court was established .

After the establishment of the Federal Court of Justice and the Federal Constitutional Court , the German Higher Court was formally dissolved by an ordinance of the Federal Government of December 27, 1951.

See also

Individual evidence

  1. ↑ Proclamation No. 8 / Ordinance No. 127 of the Military Government of Germany - British and American Zones (1948)
  2. ↑ on this Gerhard Pauli: The case law of the Reichsgericht in criminal matters between 1933 and 1945 and their continued effect in the case law of the Federal Court of Justice . De Gruyter, 1992, ISBN 3-11-013024-6 , pp. 29 ( full text in Google Book Search).
  3. ↑ Law No. 51 of the Allied High Commission of March 29, 1951 (OJ AHK p. 845 )
  4. ↑ No. 1 & 2: WiGBl. 1949 p. 96 ; 3 & 4: Federal Law Gazette 1950 p. 4 ; 5-9: p. 82 ; 10: p. 182 ; 11-13: p. 331 ; 14-15: p. 694 ; 16: p. 731
  5. ↑ Ordinance on the dissolution of the German Supreme Court for the United Economic Area and the General Advocate's Office at this court of December 27, 1951 (Federal Law Gazette I p. 1009 )