Court organization in the Grand Duchy of Berg
The court organization in the Grand Duchy of Berg was adapted to the French court organization in 1811.
The Grand Duchy of Berg should also serve as a model state for the other German states. Therefore, in 1810, the Civil Code and the Pénal Code were introduced as the basis of case law. Two years later, the previous judicial organization was reorganized based on the French model.
The legal basis was the imperial decree of December 17, 1811 on the organization of the judiciary . This also separated the administration of justice from the administration .
However, implementation was hampered by the small size of the Grand Duchy. It was the size of a large French department , but in 1811 it was divided into three departments and nine arrondissements . The establishment of tribunals of the first instance in all nine arrondissements would have meant too high a density of courts (and thus costs). Nor did it make sense to set up a court of cassation.
The Paris Court of Cassation was therefore designated as the highest court in the Grand Duchy. The French judicial system provided for judgments of the respective court of appeal that were contested by the court of cassation to be referred back to another court of appeal. This could not succeed either, as the Düsseldorf Court of Appeal was the only one in the Grand Duchy. In the event of incorrect judgments, the Paris Court of Cassation should refer the processes back to the Courts of Appeal in Liège , Brussels , The Hague or Hamburg , even though these were formally abroad.
In the tribunals of the 1st instance, which were set up at the level of the arrondissements , no separate courts were set up for the arrondissement Siegen and the arrondissement Elberfeld . There were therefore only seven instead of nine of these dishes.
List of dishes
At higher and middle courts passed:
For serious criminal cases, jury courts were formed at the level of the départements. These were presided over by a senate president or council of the Düsseldorf Court of Appeal.
These included the following 59 peace courts at cantonal level:
With the law of December 17, 1811, Conseils de Prud'hommes (contemporary German translated as: Councils of trade experts) were ordered based on the French model . However, this law was not implemented due to the collapse of the Grand Duchy.
On March 4, 1812, a special court for judging customs offenses, the Special Customs Tribunal , was opened.
Generalgouvernement Berg
The Grand Duchy of Berg ended just two years after the reorganization of the court. In General Mountain necessarily changes occurred. At first the possibility of an appeal to the Court of Cassation in Paris was eliminated. Instead, a court of cassation in Düsseldorf was used as the supreme court. The existing Düsseldorf Court of Appeal and the Elberfeld Commercial Court, established on December 16, 1813, were subordinate to this. Due to the loss of territory, only the Tribunal of First Instance Düsseldorf (for the northern part of the General Government) and the Tribunal of First Instance Mülheim (for the southern part of the General Government) remained at tribunals of first instance. There was no longer any correspondence with the administrative areas. The jury courts had been abolished by a decree of February 28, 1814.
List of courts in the Berg Generalgouvernement
- Court of Cassation Düsseldorf
- Commercial court of Elberfeld
- Court of Appeal Düsseldorf
- Tribunal of First Instance Düsseldorf
- Tribunal of First Instance Mülheim am Rhein
As well as the remaining courts of justice in the Berg Generalgouvernement.
literature
- Hermann Lohausen: The highest civil courts in the Grand Duchy of Berg and in the Generalgouvernement of Berg 1812 to 1819, 1994, ISBN 3-412-05795-9
- Friedrich August Lottner, FW Leitner, JF Marquardt (eds.): Collection of the laws, ordinances, ministerial rescripts etc. that have been issued for the royal Prussian Rhine province since 1813 with regard to the legal and judicial constitution. Berlin: Sander. 1. Volume 1813-1819 (1834) in Google books
Individual evidence
- ^ Wilhelm Ribhegge: Prussia in the west. Struggle for parliamentarism in Rhineland and Westphalia. Münster, 2008, p. 36.
- ^ Jürgen Brand: Investigations into the emergence of labor jurisdiction in Germany, Volume 2 - From honor to claim, ISBN 3465031857 , 2002, p. 348
- ^ Max Bär: The Authorities Constitution of the Rhine Province, 1919, reprint 1965, p. 66