Specialized jurisdiction
The term specialized jurisdiction ( specialized courts ) describes certain parts of public jurisdiction .
Demarcation from constitutional jurisdiction
In the most common sense, a special court refers to any court that is not a constitutional court. Specialized jurisdictions in this sense are in Article 95. Paragraph 1 of the. Basic Law provided (GG) court branches : the ordinary courts , the labor courts , the administrative courts , the tax courts and the social courts .
The opposite term is then constitutional jurisdiction . According to the continental European separation model, the constitutional judiciary is exclusively responsible for constitutional disputes and therefore does not decide in the last instance on non-constitutional disputes. The German Federal Constitutional Court therefore always emphasizes that it is not a “super-revision authority”. If there are doubts about the constitutionality of a law that is relevant to the decision, the specialized courts must suspend their proceedings and appeal to constitutional jurisdiction ( Art. 100 GG).
Austria ( Austrian Constitutional Court ) and Italy ( Corte Constituzionale ) also have specific constitutional jurisdiction.
The Swiss Federal Supreme Court and the US Supreme Court , on the other hand, as supreme courts of the specialized jurisdiction, also exercise functions of constitutional jurisdiction (unitary model).
Differentiation from one another
Occasionally, the term special jurisdiction is also used to delimit the non-constitutional courts from one another. It is about the delimitation of the substantive jurisdiction , in particular the ordinary jurisdiction in contrast to the other specialized courts ( § 12 , § 13 GVG ). This demarcation is also expressed in a specific judicial organization .
The service, disciplinary and patent courts as well as arbitration courts and professional courts named in Article 96 of the Basic Law are not included in ordinary jurisdiction or other specialized courts .
literature
- Christian Starck : Constitutional Courts and Specialized Courts , JZ 1996, pp. 1033-1042
- Martin Düwel: The Federal Constitutional Court's control over constitutional complaints against judicial decisions. On a cooperation relationship between specialist and constitutional jurisdiction (= studies and materials on constitutional jurisdiction , volume 82), Nomos, Baden-Baden 2000, ISBN 978-3-7890-6466-1
- Rüdiger Zuck: Federal Constitutional Court and Specialized Jurisdiction , JZ 2007, pp. 1036-1042
- Association of German Constitutional Law Teachers (Ed.): Constitutional law and simple law - constitutional and specialized jurisdiction. Primary and secondary legal protection in public law (= publications of the Association of German Constitutional Law Teachers 61), De Gruyter, Berlin - Boston 2002, ISBN 978-3-11-089874-3
Web links
- Helmut Rüßmann : Overview of the various jurisdictions in Germany , script for the lecture for the economics department in the 1994 summer semester
- Bernhard Stüer, Caspar David Hermanns: The constitutional framework of a standardization of public law special jurisdictions (without year)
- Konstantin Kublaschvili, Björn G. Schubert: The density of controls of the Federal Constitutional Court when reviewing specialized judicial decisions as a model for the Georgian jurisdiction? , in: Constitution and Law in Übersee (VRÜ), 40 (2007), pp. 290–313
- Federal Statistical Office : Courts and staff Number of courts by country on December 31, 2012
Individual evidence
- ↑ Federal Constitutional Court in established case law, e.g. decision of April 1, 2015, 2 BvR 3058/14, margin no. 21st
- ↑ Martin Schulz: Constitutional Jurisdiction in a Global Context GIGA-FOCUS No. 5, 2010
