Administration of justice
Administration of justice in the material sense is the application of law to individual cases by the state or its organs (administration of justice) ( authorities ).
Administration of justice in the formal sense is the collective term for all tasks and matters performed by the courts and other organs of the administration of justice.
The administration of justice is, in the broader sense, care for the orderly flow of legal relationships between people.
The term legal system is also used as a generic term for the “totality of organized law” .
The concept of justice or the judiciary is sometimes used synonymously with that of the administration of justice or the legal system. The term justice goes back to the Eastern Roman Emperor Justinian I , who had the new codification of Roman law carried out as the Corpus iuris civilis . In this way, Roman law was preserved for European jurisprudence . In the constitutional sense, justice is a synonym for judiciary . In a narrower sense, the term of justice includes the ordinary judiciary , the public prosecutor's office , the administration of justice , the penal enforcement chamber and the notary's office .
Institutions of the administration of justice
The administration of justice comprises the following institutions:
- the entire judiciary , i.e. the courts of all jurisdictions ,
- the lawyers , in the area of tax law also auditors and tax advisors , as well as patent attorneys and pension advisors
- Parts of the executive branch
- Public prosecutor's office ,
- Bailiff ,
- Clerk of the office ,
- Arbitrators or judges of the peace in federal states with arbitration offices,
- Administration of justice by the ministries of justice,
- Municipal administrations in the area of regulatory law
In addition, the state-appointed and freelance notaries are included in the administration of justice. In Germany lawyers, patent attorneys and pension advisors are expressly referred to by professional law as the “administration of justice” ( Section 1 BRAO ). This “organ formula” was first used by the Reichsgericht as an honorary court for lawyers in a decision of May 25, 1883. In terms of content, this means that the lawyer is not only obliged to his client, but also to the legal system. Tax advisors are also an independent body responsible for the administration of tax law, which is expressly mentioned in Section 32 ( 2) StBerG and Section 1 (1) BOStB . In Austria , on the other hand, lawyers are not viewed as organs of the administration of justice. They practice a liberal profession in which they advise clients both legally and represent them before courts (and other authorities).
In the area of prosecution of administrative offenses , the responsibility for punishing lies with the locally responsible municipalities ( Section 35 OWiG ). These have largely the same rights and obligations as the public prosecutor's offices in the prosecution of criminal offenses ( Section 46 OWiG).
Which court acts is determined by jurisdiction. Which arbitration body (single judge, chamber, senate) is responsible is determined according to the applicable procedural law (e.g. Courts Constitution Act (GVG), Code of Civil Procedure (ZPO)) and according to the business allocation plan , which is drawn up by the courts on their own responsibility. The course of a court hearing is standardized in various legal norms. The so-called maritime court negotiations (“maritime courts”) are not courts within the meaning of the Courts Constitution Act; they are official expert procedures of the maritime offices.
Functions
In the main, justice is in the business of courts at various court branches , which serves the protection and enforcement of rights and the defense and prosecution of injustice. In addition to the litigation-determining activities of the courts, the administration of criminal justice and the enforcement of decisions, the administration of justice also includes activities that are part of voluntary jurisdiction and serve legal precaution (example: care law ).
Preventive administration of justice is also the activity of the notaries, whose tasks include the notarization of legal processes and the other support of those involved, in particular through the preparation of draft documents and advice, in some cases also through representation in court ( § 1 , § 24 Paragraph 1 BNotO ) .
As organs of the administration of justice, the lawyers act as independent advisors and representatives of their clients in all legal matters ( § 1 , § 3 Paragraph 1 BRAO). You have an out-of-court advisory, contract drafting and conflict avoidance and represent in court.
As an independent body responsible for the administration of tax law, the tax consultants are responsible for advising and representing clients in all tax law matters, preparing tax returns and representing clients in opposition proceedings before the tax authorities (including customs authorities) and in legal proceedings before the tax courts (including Federal Fiscal Court ). The job profile is geared to the priority of personal job-specific performance over the economic aspects of the job. It is characterized by the independent and impartial fulfillment of the task entrusted to the tax advisory professions, to guarantee comprehensive assistance in tax matters. Tax advice is part of legal advice, the associated professional tasks serve the administration of tax law, an important common good.
See also
Web links
- Justice portal of the Federal Republic of Germany and the German states
- Link catalog on the subject of judicial authorities and courts in Germany at curlie.org (formerly DMOZ )
Individual evidence
- ↑ Law . In: Duden online dictionary . Bibliographisches Institut GmbH - Dudenverlag.
- ^ Carl Creifelds : Legal dictionary , 18th edition 2004.
- ^ Gerhard Wolf : A New Historians' Dispute? - On the origin of the “organ formula” ( page no longer available , search in web archives ), in: JuS 1991, p. 976.
- ↑ Federal Chamber of Tax Advisors : Tax Advisors .
- ↑ BVerfG, decision of July 4, 1989, Az. 1 BvR 1460/85, 1 BvR 1239/87, BVerfGE 80, 269 .
- ↑ BGH, judgment of May 12, 2011, Az. III ZR 107/10, full text , Rn. 13.
- ↑ Peter G. Mayr: online textbook civil law - "Persons of the administration of justice" .
- ↑ BGH, judgment of March 4, 1996, Az.StbSt (R) 4/95, full text .
- ↑ BVerfG, decision of June 18, 1980, Az. 1 BvR 697/77, full text .
