Jurisdiction Act
The German Courts Constitution Act ( GVG ) regulates the court constitution of a part of ordinary jurisdiction , namely contentious civil jurisdiction and criminal jurisdiction . According to § 13 GVG, the GVG is also applicable in matters of voluntary jurisdiction .
| basic data | |
|---|---|
| Title: | Jurisdiction Act |
| Shortcut: | GVG |
| Type: | federal law |
| Scope: | Federal Republic of Germany |
| legal matter: | Administration of justice , judicial constitutional law |
| Proof of locality : | 300-2 |
| Original version from: | January 27, 1877 ( RGBl. p. 41) |
| Effective date: | October 1, 1879 (§ 1 EGGVG old version ) |
| New announcement from: | May 9, 1975 ( BGBl. I p. 1077 ) |
| Last change by: |
Art. 8 G of July 7, 2021 ( Federal Law Gazette I p. 2363, 2426 ) |
| Effective date of the last change: |
August 1, 2022 (Article 36 G of July 7, 2021) |
| GESTA : | C198 |
| web link: | Text of the GVG |
| Please note the information on the applicable version of the law . | |
Jurisdiction of other jurisdictions
Thus, the GVG does not represent an overall regulation of court constitution law . This can be found in part in the Basic Law itself ( Art. 92 to Art. 104 GG), in particular in the provisions on the Federal Constitutional Court and on the various jurisdictions . Further relevant regulations are contained in the following laws in execution of the basic provisions in constitutional law in addition to the GVG: Law on the Federal Constitutional Court (BVerfGG) , Labor Court Law (ArbGG), Administrative Court Code (VwGO), Finance Court Code ( FGO) and Social Court Law (SGG).
The GVG is of particular importance insofar as the BVerfGG and the aforementioned procedural laws of the other jurisdictions expressly declare individual provisions in the GVG to be applicable accordingly. In addition, according to the VwGO, the FGO and the SGG, if nothing else is determined in these laws, other provisions of the GVG may also apply accordingly.
individual regulations
The GVG contains, among other things, regulations on
- the multi-level structure of ordinary jurisdiction ,
- the jurisdiction of the courts in civil and criminal matters in the first instance and in appeals ,
- the competence and composition of the individual arbitral tribunals ,
- the public prosecutor 's office at the individual courts,
- the offices ,
- the bailiffs and
- legal protection in the event of lengthy court and criminal investigations.
Provisions of the GVG, which are also applicable in the other jurisdictions by virtue of express reference , are among others
- Provisions on the admissibility of legal action in each jurisdiction, on referral to the competent court of another legal action and on the binding of related decisions for other courts,
- general regulations on the presidency of the court and the distribution of business and
- Regulations on the public nature of the negotiations, on means of order and session police and on the language of the courts.
Supplementary Regulations
The GVG does not fully regulate the court constitution law for the ordinary courts either. Further regulations can be found in the German Judges Act (DRiG), in the Rechtspflegergesetz (RPflG) and in the Act on Procedures in Family Matters and in Matters of Voluntary Jurisdiction (FamFG).
Transitional Arrangements and Other Provisions
The Courts Constitution Act was established in 1877 as the first uniform court constitution in the German Reich . To supplement the Courts Constitution Act, the historical legislature had enacted the Introductory Act to the Courts Constitution Act (EGGVG) in the same year . The entry into force and transitional regulations are included here. In addition, there are supplementary regulations such as the treatment of judicial administration files and insolvency statistics .
See also
- Jurisdiction norm – court structure in Austria
literature
- Kissel/Mayer: Court Constitution Act (GVG). comment . 10th edition. Verlag CH Beck, Munich 2021, ISBN 978-3-406-76447-9 .
Commentary on the provisions of the GVG, insofar as these relate to civil courts, e.g. in:
- Zöller: Code of Civil Procedure (ZPO). comment . 33rd edition. Publisher Dr. Otto Schmidt, Cologne 2020, ISBN 978-3-504-47025-8 .
- Baumbach/Lauterbach/Hartmann/Anders/Gehle: Code of Civil Procedure (ZPO). comment . 79th edition. Verlag CH Beck, Munich 2021, ISBN 978-3-406-75500-2 .
Commentary on the provisions of the GVG, insofar as these relate to criminal courts, e.g. in:
- Meyer-Goßner/Schmitt: Code of Criminal Procedure (StPO). comment . 64th edition. Verlag CH Beck, Munich 2021, ISBN 978-3-406-76761-6 .
- Löwe/Rosenberg: The Code of Criminal Procedure and the Court Constitution Act: StPO. Volume 10: GVG; EGGVG . 26th edition. Verlag De Gruyter, Berlin 2010, ISBN 978-3-89949-489-1 .
web links
itemizations
- ↑ Eduard Kern : History of court constitution law , Munich 1954, p. 124; Werner Schubert : The German court system (1869-1877). , Frankfurt am Main 1981, p. 22 ff.
