Courts in the province of Schleswig-Holstein
This article describes the organization of courts in the Prussian province of Schleswig-Holstein .
Ordinary jurisdiction
prehistory
At the time of the annexation of Schleswig Holstein by Prussia in 1866, the court organization was as follows:
Duchy of Holstein
In the Duchy of Holstein there were a variety of different dishes.
In the first instance in civil law proceedings, the magistrate acted as the court of first instance in the 14 cities of the duchy. The mayors were lawyers and acted as single judges in smaller matters (up to 30 marks). In more important cases, the magistrate acted as a ruling chamber.
People's courts traditionally existed in the countryside . But these seldom met. In practice, the judgments were made by the senior officials of the offices. In the offices of Plön , Traventhal , Reinfeld and Rethwisch , in the office of Segeberg and in the Dithmarschen regions, formal collegial courts of first instance were set up, which were staffed by lawyers. There were also patrimonial courts on a large scale . These were regulated in the ordinance of July 19, 1805. The court keeper appointed by the landlords had to be confirmed by the sovereign and hold court at least every four weeks in the manor.
For the clergy, there were sub-consistories as courts of first instance. These were called the city consistory in Altona, Kiel and Neustadt and the country consistory in the country.
The courts of second instance passed:
- the Holstein Supreme Court in Glückstadt : It was the court of first instance for the examined persons and privileged matters and otherwise the court of second instance
- the Holstein Regional Court in Glückstadt: it was the first instance for the knighthood and the landowners and the second instance for the decisions of the ordinary courts of noble estates and monastic districts
- the upper consistory in Glückstadt as a court for the clergy
- the Land-Ober-Konsistorium in Glückstadt as the first instance for matrimonial matters of knighthood and owners of noble estates. It consists of the members of the regional court and the higher consistory
1834 was awarded the Upper Appeal Kiel an upper Appeal created as a court of third instance. As the highest court, it was responsible for appeals. The procedure was regulated by the Provisional Judicial Order of May 15, 1834.
Criminal courts: Criminal investigative courts were the senior officials of the offices and regions, the court holders of the noble estates, the authorities of the monasteries and in the cities the magistrates. They could impose sentences on their own if the sentence did not exceed one year in prison. The Higher Criminal Court (consisting of the members of the Higher Court) is responsible for the threat of higher penalties.
The second instance in criminal matters is the Higher Criminal Court for matters that it has not decided itself and the Higher Appeal Court for the others.
The third instance is the Higher Appeal Court. Insofar as this had decided itself as a court of second instance, there was only the possibility of supplication with the sovereign.
Duchy of Schleswig
In the Duchy of Schleswig the patrimonial jurisdiction was repealed. There were also no longer any privileged places of jurisdiction. The judicial organization had only two instances since 1850:
- The court of higher instance was the Flensburg Court of Appeal .
- In the first instance, administration and jurisdiction were not divided. In the cities the magistrates were courts of first instance, in the countryside they were single judges with a wide variety of designations such as Hardes, Land, Birk or Fleckenvogt.
From the annexation to the German Courts Constitution Act
With the annexation by Prussia , the Prussian judicial organization was introduced and the separation of jurisdiction from administration was implemented throughout.
In Kiel, the Kiel Court of Appeal was formed as the Prussian Court of Appeal .
The district courts were set up:
- District court Altona
- District court Flensburg
- District Court Itzehoe
- District Court of Kiel
- District Court Schleswig
This is the list of local courts:
German Courts Constitution Act
With the entry into force of the German Courts Constitution Act , the nationwide uniform court structure was implemented. The Kiel Court of Appeal was transformed into the Kiel Higher Regional Court with its seat in Kiel .
The district courts were dissolved. Instead, the following regional courts were created:
- District Court Altona (District Court Altona, Ratzeburg and parts of Itzehoe), 375,000 inhabitants
- Regional court Kiel (district court Kiel and parts of Schleswig and Itzehoe), 341,000 inhabitants
- Regional court of Flensburg (district court of Flensburg and Schleswig except for the Eckernförde district), 361,000 inhabitants
The following now existed at local courts:
After the First World War , North Schleswig was occupied by the Danish in 1919 and ceded in 1920. The local courts were dissolved or converted into Danish courts.
Incorporation of Lübeck in 1937
As a result of the Greater Hamburg Law in 1937, Lübeck lost its 711-year-old territorial independence and became part of the Prussian province of Schleswig-Holstein. In this context, the Altona Regional Court will be separated from the area of the Kiel Higher Regional Court and the Lübeck Regional Court will be incorporated.
In the state of Schleswig-Holstein
The Schleswig-Holstein Higher Regional Court in Schleswig has existed in place of the Kiel Higher Regional Court since 1948 . The Court Organization Act, which came into force in 1963, regulated the organization of ordinary courts. The State Justice Act , which came into force in 2018 , now regulates not only the ordinary jurisdiction but also the labor, financial, social and administrative jurisdiction of the state.
Administrative jurisdiction
With the "Law on the Constitution of Administrative Courts and Administrative Disputes Proceedings" (VGG) of 1875 and the "Law on the Competences of Administrative Authorities and Administrative Court Authorities" (Competence Law) of July 26, 1876, an administrative jurisdiction was created in Prussia. These laws initially only applied in the eastern provinces. It was not introduced into the western provinces until the second half of the 1880s.
The Prussian Higher Administrative Court stood at the top of the administrative jurisdiction . At the provincial level, the Schleswig District Administrative Court was set up as a second instance. The first instance that served county administrative courts , which were established in each county.
Labor jurisdiction
With the Labor Court Act of December 23, 1926, labor courts were established. In Schleswig-Holstein two state labor courts were set up in 1927, which were organizationally part of the respective regional courts. Independent labor courts were created as the first instance.
| Labor court | State Labor Court |
|---|---|
| Labor Court Altona | Altona District Court |
| Labor court Heide | Altona District Court |
| Itzehoe Labor Court | Altona District Court |
| Pinneberg Labor Court | Altona District Court |
| Ratzeburg Labor Court | Altona District Court |
| Wandsbek labor court | Altona District Court |
| Flensburg Labor Court | District Court of Kiel |
| Labor court Husum | District Court of Kiel |
| Labor Court Kiel | District Court of Kiel |
| Labor Court Oldenburg (Holstein) | District Court of Kiel |
| Labor Court Neumünster | District Court of Kiel |
| Labor Court Rendsburg | District Court of Kiel |
| Westerland labor court | District Court of Kiel |
| Labor court Wyk auf Föhr | District Court of Kiel |
With the Greater Hamburg Act of January 26, 1937, the labor court districts were also redrafted. One of the regional labor courts was moved from Altona to Lübeck. The following new structure resulted:
| Labor court | State Labor Court |
|---|---|
| Labor Court Ahrensburg | District Court of Lübeck |
| Labor Court Lübeck | District Court of Lübeck |
| Labor Court Oldenburg (Holstein) | District Court of Lübeck |
| Labor Court Elmshorn | District Court of Lübeck |
| Flensburg Labor Court | District Court of Kiel |
| Labor court Husum | District Court of Kiel |
| Itzehoe Labor Court | District Court of Kiel |
| Labor Court Kiel | District Court of Kiel |
| Labor Court Neumünster | District Court of Kiel |
| Labor Court Rendsburg | District Court of Kiel |
With regard to labor jurisdiction, the following structure emerged from August 23, 1946. There was only one regional labor court in Rendsburg (later the regional labor court in Kiel ). However, this was now organizationally independent and no longer part of the regional court. Among them were nine labor courts:
| Labor court | Dissolved |
|---|---|
| Labor Court Ahrensburg | |
| Labor Court Elmshorn | consists |
| Flensburg Labor Court | consists |
| Labor court Heide | 1976 |
| Labor Court Kiel | consists |
| Labor Court Lübeck | consists |
| Labor Court Neumünster | consists |
| Labor Court Rendsburg | 1976 |
| Schleswig Labor Court | 1956 |
literature
- Werner Schubert: On the history of the judicial system in Schleswig-Holstein in the 19th and 20th centuries. 2012, ISBN 978-3-631-63704-3 .
Individual evidence
- ↑ Order of August 6, 1867, regarding the establishment of the according to the Supreme Ordinance of June 26 of the J. New courts to be formed in the Duchies of Schleswig and Holstein ( JMBl. P. 213 )
- ↑ Ordinances in GS 1878, 275 ff. Of July 26, 1878 and 1879, 393 (July 5, 1879)
- ^ Carl Pfaffenroth: Yearbook of the German court system. 1880, p. 439 ff. Online
- ^ Gerhard Schneider: Endangerment and loss of statehood of the free and Hanseatic city of Lübeck and its consequences. Schmidt-Römhild Verlag, Lübeck 1986, ISBN 3-7950-0452-7 .
- ↑ GS p. 375
- ↑ GS p. 297
- ^ Ulrich Stump: Prussian administrative courts 1875-1914. 1980, ISBN 3-428-04699-4 .
- ↑ RGBl. I p. 507
- ↑ a b § 1 of the law on the redistribution of the districts of the courts for labor matters in Schleswig-Holstein of October 23, 1974, Law and Ordinance Gazette for Schleswig-Holstein p. 417.
- ↑ § 1 of the law on the new division of the districts of the courts for labor matters in Schleswig-Holstein of April 24, 1956, Law and Ordinance Gazette for Schleswig-Holstein p. 77.
- ↑ Inventory overview labor courts at the state archive