Secret Judicial Council (Chamber Court)

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Building of the High Court in Lindenstrasse in front of the new Schöneberg building opened in 1913

Secret Judicial Council was the name of a special court established by the Berlin Superior Court.

Basics

The Secret Council of Justice was the remnant of the Secret Council of State established in 1604 by Elector Joachim Friedrich von Brandenburg . From this, other authorities were formed over the next few centuries. These included the Higher Appeal Court in Berlin, which later became the Prussian Higher Tribunal , from which the Reichsgericht in Leipzig emerged , as well as the Prussian Ministry of Justice and the Judicial Examination Commission. The Secret Judicial Council, also known as the Secret Judicial College , was essentially a mere legal historical memory in the 19th century , and the Secret Judicial Council became an honorary title for lawyers.

The Secret Judicial Council continued to exist as a panel of judgments in only one exception, and that was a judging authority of the first and second instance connected to the Berlin Court of Justice and reserved for members of the House of Hohenzollern .

The Secret Judicial Council at the Supreme Court was formed in the reaction era. In 1849, § 11 of the ordinance of January 2, 1849 on the abolition of private jurisdiction and the eximirte place of jurisdiction, as well as on the other organization of the courts, only regulated internal legal disputes:

“Considering the legal disputes among members of the Royal Family, as well as the non-contentious legal matters of the persons belonging to the Royal Family, in particular with regard to the drawing up of wills, estate regulations. Family ties, matrimonial matters, guardianship and similar matters will not be changed by the current ordinance, but in this respect it will remain with the house constitution . "

After debates in the Prussian House of Representatives about the validity of this paragraph, he received the following addition with the law concerning the additions to the ordinance of January 2, 1849 on the abolition of private jurisdiction and the former place of jurisdiction, and on the other organization of the courts of April 26, 1851 , which formed the basis for the work of the Secret Judicial Council:

“The members of the royal family as well as the principalities of Hohenzollern-Hechingen and Hohenzollern-Sigmaringen have their personal place of jurisdiction with the secret judicial council associated with the chamber courts. This consists of twelve members of the Chamber Court, five of whom form the first and seven the second instance, and who are appointed by the Minister of Justice when the Senate is formed each time. "

The Secret Judicial Council thus consisted of twelve judges from the Supreme Court, five of whom formed the first instance and seven formed the second instance . With the entry into force of the Reich Justice Laws , the jurisdiction of the Chamber Court for the second instance was transferred to the Reich Court. The special regulation of a privileged general place of jurisdiction for the royal house in civil and criminal matters was retained and regulated in § 5 EGGVG and § 4 EGStPO .

Jurisdiction

The secret judicial council was solely responsible in matters in which the King of Prussia or members of the royal house were sued, unless there was an (exclusive) real place of jurisdiction ( Realforum , forum rei sitae ). The Secret Judicial Council only replaced the ordinary court in personal jurisdiction.

In addition to the Royal House, the responsibility also related to the Swabian Hohenzollern, the princely houses of Hohenzollern-Hechingen (extinct in 1869) and Hohenzollern-Sigmaringen .

A civil law claim against the administration of the Royal Theater could also be negotiated before the Privy Council of Justice. Since it was directed against the property management of the king himself, the Secret Judicial Council was responsible, unless a real place of jurisdiction was given.

Decisions (selection)

  • RGZ , 41, 388 ff. (Rejection of a lawsuit because of given real forums)
  • Incapacitation of Prince Friedrich Leopold (son) 1917/18

Repeal

As a result of the November Revolution of 1918, the new Prussian government issued an ordinance with the force of law on November 30, 1918 , concerning the jurisdiction of the Secret Judicial Council associated with the Chamber Court . This did not expressly repeal the Secret Judicial Council associated with the Chamber Court, but it did remove its sole jurisdiction, the general jurisdiction of the members of the Royal House and the Princely House of Hohenzollern before a special panel.

With Article 109 of the Weimar Constitution , privileged places of jurisdiction were fundamentally excluded.

Lore

The archival tradition of the files of the Privy Council of Justice is linked to that of the Chamber Court and shares their fate of decimation due to the consequences of war and relocation. What has been preserved is now in the Secret State Archive of Prussian Cultural Heritage as part of the holdings of HA Rep. 97 Kammergericht . Generalia and files on individual proceedings are indexed.

literature

Individual evidence

  1. ↑ Holtze (lit.), p. 1
  2. ↑ Quoted from Holtz (Lit.), p. 12
  3. ↑ Quoted from Holtz (Lit.), p. 12f
  4. ↑ § 2 of the ordinance, concerning the transfer of Prussian legal cases to the Reichsgericht of September 26, 1879 ( Reichsgesetzblatt Volume 1879, No. 33, 288)
  5. ↑ Holtze (lit.), p. 1
  6. ↑ Hans Delius: The case law of the Reich and Kammergericht in the areas of public law, taking into account the decisions of the higher regional courts and the higher tribunal. Volume 2, Berlin: C. Heymann 1907, p. 535 (with case study)
  7. ↑ Hans Delius: The case law of the Reich and Kammergericht in the areas of public law, taking into account the decisions of the higher regional courts and the higher tribunal. Volume 2, Berlin: C. Heymann 1907, p. 535; critical of this Holtz (lit.), p. 21: This is an absurdity that can lead to the strangest consequences; then why shouldn't a visitor to the royal theater who has mistakenly sold a ticket from the previous day sue the Privy Councilor for the 5 or 10 pfennigs he has paid?
  8. ↑ GS 1918, p. 185 ; Issued December 3, 1918
  9. ↑ 02.01.08.01 Generalia Findbuch
  10. ↑ 02.01.08.02 Procedure finding aid