The judicial process , or procedure for short, is the judicial review of a situation for its legal consequences. In Austrian German, the court proceedings are also called Causa , not to be confused with the legal reason , which is also referred to. The term “ trial ” does not adequately describe court proceedings, as it is always based on a legal dispute .
Legal proceedings in Germany
Negotiations with conciliation bodies , arbitration boards or mediators are not legal proceedings . Even if arbitration proceedings take place before so-called arbitration tribunals and these also open a court of appeal (e.g. party jurisdiction), we cannot speak of court proceedings in the narrower sense.
Everyone has the right to a fair hearing in their case in accordance with Paragraph 1 of the Basic Law . Because of the different regulatory matters, the federal legislature has passed different laws for the types of procedure:
- Civil law : The civil procedure law applies to civil law disputes ; they are decided according to the Code of Civil Procedure (ZPO). The law on the procedure in family matters and in matters of voluntary jurisdiction (FamFG) applies to land registry matters , estate matters , care matters , guardianship matters , housing matters , association law and certain family law matters .
- Criminal law : In criminal law, the procedure is carried out according to the provisions of formal criminal law, the law of criminal procedure (regulated primarily in the Code of Criminal Procedure (StPO)). (The civil and criminal courts together form the ordinary jurisdiction .) Victims of a criminal offense can apply for an adhesion procedure in the course of the criminal proceedings , in which, in addition to the punishment of the offense, a decision is made on their civil law claims (see above) .
- Administrative law : Administrative disputes are negotiated in accordance with the provisions of the Administrative Court Code . The countries have partially adopted national implementing legislation for the Federal Administrative Court Act or taken the Administrative Procedure Code of Federal adjusted. However, they are to be distinguished from the official administrative procedure , which is not a judicial review. The procedures according to the
- To delimit constitutional law : The Federal Constitutional Court and the state constitutional courts / state courts exercise the judicial proceedings in constitutional questions and in the protection of fundamental rights. Separate laws such as the Federal Constitutional Court Act or z. B. the law on the Lower Saxony State Court of Justice (StGHG).
- Labor law : As a specialized jurisdiction separated from the ordinary (civil) jurisdiction, the labor law procedures take place in with the provisions of the Labor Court Act , which, however, largely refers to the provisions of the Civil Procedure Code in ArbGG.
- Tax law : The federal legislature has enacted the tax court order for tax and duty law. The administrative procedure is regulated in the tax code.
- Social law : As with labor law, there is a separate social justice system under the Social Court Act . The provisions on the administrative procedure are largely contained in Book 10 of the Social Code (SGB X).
- Defense law : The procedure in troop service matters before the troop service courts and - in the cases of para. 4 and , WBO - before the 1st or 2nd military service senate of the Federal Administrative Court runs according to the rules of the Military Complaints Act (WBO) and the Administrative court rules, insofar as these are the expression of generally recognized procedural principles; the provisions of the Military Disciplinary Code (WDO) and, in addition, the Code of Criminal Procedure and the Courts Constitution Act apply to the occupation of the troop service court and the taking of evidence . The judicial disciplinary proceedings before the troop service courts and the military service senates at the Federal Administrative Court run according to the rules of the WDO, again - as far as the nature of the judicial disciplinary procedure does not conflict with this - supplemented by the provisions of the Criminal Procedure Code and the Courts Constitution Act, WDO.
- Disciplinary law : The Federal Disciplinary Court has now also been incorporated into the Federal Administrative Court, so that the administrative court rules apply to the procedure here as well.
Every code of procedure knows process maxims , i.e. principles on which the procedure is based.
The respective allocation of the disputes to the types of procedure is carried out in accordance with the respective law and the Courts Constitution Act .
Every legal proceeding usually also opens the way through the courts . The focus appeal (usually appeal , appeal or revision ) are available. The lawsuit enforcement procedure and the investigation enforcement procedure are an exception . Only one instance (before the Higher Regional Court ) is available in these two proceedings . This does not constitute a violation of (4) of the Basic Law , since Article 19 IV of the Basic Law only guarantees a single instance under constitutional law.
The method or the process with the right force completed the sentence. Further termination options are the withdrawal of the action , the declaration that the main matter has been settled (with subsequent cost fixing ) or the settlement. Voluntary jurisdiction proceedings end with a decision .
- Heinrich Hannover : The republic in court. 1975-1995. Memories of an uncomfortable lawyer . Construction Verlag, Berlin 1999, ISBN 3-351-02481-9 .
- Otto Kirchheimer : Political Justice. Use of legal process options for political purposes . European Publishing House, Hamburg 1993, ISBN 3-434-46203-1 .
- Niklas Luhmann : Legitimation through procedures . Luchterhand, Neuwied; Berlin 1969.
- Gerhard Mauz : The great trials of the Federal Republic of Germany . To Klampen, Springe 2005, ISBN 3-934920-36-5 .
- Legal texts:
- Federal Statistical Office (Destatis): subject area justice and administration of justice (including data on court proceedings)
- Famous Trials Famous Processes (English)