Dishes in Baden (South Baden)
This article describes the organization of courts in the region of South Baden and Baden, which was formed after the end of the Second World War .
Ordinary jurisdiction
With the occupation of South Baden at the end of World War II, the German courts had initially ceased their activities there. By order of the French military government on September 25, 1945, a judicial administration in Baden was set up, with Paul Zürcher as its head . With effect from April 1, 1946, this judicial administration was renamed the Baden Ministry of Justice - French occupied territory - and Zürcher was given the title of Ministerial Director . His decree, issued on October 16, 1945, created an organization of regional and local courts that built on the existing structures from the time of the Republic of Baden . On October 20, 1945, the courts officially resumed work that had been idle since April 1, 1945.
Since the previously competent higher regional court in Karlsruhe was now in the American zone, a separate higher regional court was established on March 12, 1946 with its seat in Freiburg, which officially began its work on April 1, 1946.
Regional courts
| dish | place | Remarks |
|---|---|---|
| District Court Freiburg | Freiburg in Breisgau | |
| District Court of Constance | Constancy | |
| Offenburg Regional Court | Offenburg | |
| Waldshut District Court | Waldshut | |
| Baden-Baden Regional Court | Baden-Baden | from October 21, 1950 |
District courts
Disciplinary Jurisdiction
By law of August 13, 1948, service penal chambers were established as service criminal courts at the regional courts of Freiburg and Constance and a service penal court at the higher regional court in Freiburg.
Labor jurisdiction
Initially, the ordinary courts were also responsible for disputes in labor matters. On June 27, 1949, a regional labor court in Freiburg and labor courts in Rastatt , Offenburg , Freiburg , Lörrach , Villingen and Radolfzell were established.
Constitutional jurisdiction
Article 109 of the constitution of the state of Baden of May 22, 1947 provided for a state court to rule on constitutional disputes. On September 7, 1948, the State Court was established by law. It was determined that the State Court of Justice should also be the court of competence, i.e., in the event of a dispute, should decide whether the ordinary or the administrative courts are responsible for a process.
In addition, Article 87 of the constitution provided for a high state court to punish violations of the law by members of the government. The High State Court was also set up by the law of September 7, 1948 and should consist exclusively of members of the state parliament.
Administrative jurisdiction
On October 1, 1946, the Freiburg Administrative Court began its work. On April 1, 1947, administrative courts were set up in Freiburg , Konstanz and Baden-Baden .
Service jurisdiction for judges
According to Article 111 of the Constitution of May 22, 1947, an official penal court for judges should punish gross breaches of duty, but also serious off-duty misconduct by judges. By law of August 13, 1948, a criminal court for judges was set up at the Higher Regional Court.
Courts based on occupation law
South Baden belonged to the French occupation zone and the French military government set up its own courts. According to an order of March 2, 1946, the following French courts existed: A Supreme Court (Tribunal Général), which was responsible for the entire French occupation zone, had its seat in Rastatt . The middle court (Tribunal Intermédiaire), which was responsible for all of southern Baden, was in Freiburg, and there were lower courts (Tribunal Sommaire) in Baden-Baden , Donaueschingen Freiburg , Konstanz , Lörrach and Offenburg .
From June 11, 1948, the Freiburg Compensation Court, a court also set up by the French military government, worked. It had to decide on the replacement of damage caused by French troops or agencies in Baden. The president and vice-president of the court were French citizens, the other judges were German.
Individual evidence
- ↑ Circular on the establishment of the office of the head of the German judicial administration in the French zone of Baden in Freiburg i.Br., Holzmarkt 2 of October 12, 1945. In: Official Gazette of the Baden State Administration - French Occupation Area, 1946, No. 1 of 26. April 1946, p. 2
- ^ Circular from the Baden Ministry of Justice to the heads of the judicial authorities of April 13, 1946. In: Official Gazette of the Baden State Administration - French Occupation Area, 1946, No. 1 of April 26, 1946, p. 4
- ↑ Order of the head of the German judicial administration in the French zone of Baden on the division of judicial districts in the French zone of Baden of October 16, 1945. In: Official Gazette of the Baden State Administration - French Occupation Area, 1946, No. 1 of April 26, 1946, p. 2 -3
- ^ Order of the head of the German judicial administration in the French-occupied zone of Baden on the determination of the end of the standstill of the administration of justice of October 31, 1945. In: Official Journal of the Baden State Administration - French Occupation Area, 1946, No. 1 of April 26, 1946, p 4
- ^ Official Journal of the Baden State Administration - French Occupation Area, 1946, No. 10 of August 1, 1946, p. 41
- ↑ Introduction to the inventory of the "General Public Prosecutor at the Freiburg Higher Regional Court" at the Freiburg State Archives
- ↑ a b c d e f Law of September 5, 1950, Badisches Gesetz- und Verordnungsblatt p. 275, online
- ↑ Order of the head of the German judicial administration in the French zone of Baden on the division of judicial districts in the French zone of Baden of October 16, 1945. In: Official Gazette of the Baden State Administration - French Occupation Area, 1946, No. 1 of April 26, 1946, p. 2 -3
- ↑ Announcement of May 2, 1950, Badisches Gesetz- und Verordnungsblatt p. 153, online
- ↑ Order of the head of the German judicial administration in the French zone of Baden on the division of judicial districts in the French zone of Baden of October 16, 1945. In: Official Gazette of the Baden State Administration - French Occupation Area, 1946, No. 1 of April 26, 1946, p. 2 -3
- ↑ Law of August 13, 1948, Badisches Gesetz- und Verordnungsblatt p. 153, online
- ^ Legal order of June 6, 1946, Official Gazette of the Baden State Administration - French Occupation Area, p. 49
- ^ Order of March 8, 1949, Badisches Gesetz- und Verordnungsblatt p. 156, online
- ↑ a b Constitution of May 22, 1947, Government Gazette of the Baden State Government pp. 129, 138, online
- ↑ a b Law of September 7, 1948, Badisches Gesetz- und Verordnungsblatt p. 154, online
- ^ Constitution of May 22, 1947, Government Gazette of the Baden State Government, pp. 129, 136, online
- ↑ Announcement of October 1, 1946, Official Gazette of the Baden State Administration - French Occupation Area, p. 115
- ↑ Ordinance of March 30, 1947, Official Gazette of the Baden State Administration - French Occupation Area p. 89, online
- ↑ Law of August 13, 1948, Badisches Gesetz- und Verordnungsblatt p. 153, 154, online
- ↑ Order No. 43 of the Administrateur Général on the reorganization of the courts of the Gouvernement Militaire de la Zone Française d'Occupation of March 2, 1946, Journal officiel du Commandement en Chef Français en Allemagne p. 134, online .
- ^ Hochstuhl, Kurt: Introduction to the finding aid for the "Compensation Court Freiburg" inventory in the Freiburg State Archives