Ecclesiastical Court of the Evangelical Church in Germany
The EKD Church Court has been the second instance court of the Evangelical Church in Germany (EKD) since 2004 . The relevant canon law regulations can be found primarily in Article 32 of the EKD's constitution and in the Church Court Act (KiGG.EKD). The ecclesiastical court arose from the disciplinary court of the EKD, the administrative court for employee representation disputes of the EKD and the administrative court of the UEK .
organization
The ecclesiastical court - like the other ecclesiastical courts of the EKD - has its seat in Hanover (§ 1 Abs. 1 KiGG.EKD). The members of the ecclesiastical court and their deputies are appointed by the Council of the Evangelical Church in Germany for six years (§ 9 KiGG.EKD). Your work is voluntary (§ 12 KiGG.EKD). The presidents and presiding judges must be qualified to hold judicial office in accordance with the German Judicial Act (Section 2, Paragraph 1, Clause 2 KiGG.EKD). Court costs are not charged (§ 22 KiGG.EKD). Authorized representatives must be members of a church that belongs to the Working Group of Christian Churches (AcK) (§ 21 KiGG.EKD). Decisions terminating the proceedings are issued “In the name of the Evangelical Church in Germany” (Section 18 (1) sentence 1 KiGG.EKD).
The ecclesiastical court is divided into five senates , which basically decide with three judges including the chairman or president:
- Administrative Senate (registration number 0135; since 2011)
- Joint Senate in Disciplinary Matters ( reformed and united ; 0125)
- Lutheran Senate in Disciplinary Matters (0125)
- First Senate for Employee Representative Disputes (I-0124)
- Second Senate for Employee Representative Disputes (II-0124)
The establishment of various disciplinary senates is based on the different confessions of the regional churches, which can play a role especially in disciplinary matters against clergy.
Jurisdiction
The ecclesiastical court of the Evangelical Church in Germany decides in the second instance and a. in proceedings under the Disciplinary Act of the Evangelical Church in Germany, on disputes arising from the application of the Employee Representation Act of the EKD and in proceedings under the Administrative Court Act of the EKD (Section 5 (3) KiGG.EKD).
The court of first instance is the ecclesiastical court of the Evangelical Church in Germany insofar as there are disputes in the area of the EKD or the regional churches have established the jurisdiction of the court. Otherwise the courts of the regional churches have first instance jurisdiction in their area.
The constitutional court of the Evangelical Church in Germany is solely responsible for constitutional disputes .
Published judgments
| date | File number | Lower court | Subject of the proceedings |
|---|---|---|---|
| 2018-11-23 | 0135 / 3-2018 | KG EKD (Rhineland, 0134 / 1-2016) | Compensation for lengthy legal proceedings |
| 2017-06-29 | 0125 / 1-2017 | KG EKD (Central Germany, 0134 / 2-2013) | Removal from service |
| 2016-12-16 | 0135 / 6-2015 | KVG Rhineland (2 VG 04/14) | Calculation of the service period |
| 2016-09-23 | 0135 / 14-2015 | VG Berlin-Brandenburg-Oberlausitz (VG 3/15) | Supply marriage |
| 2016-01-22 | 0135 / 1-2015 | KG EKD (Central Germany, 0136 / 2-2012) | Church / parish land |
| 2015-05-29 | 0135 / 5-2014 | KVG Rhineland ( 2 VG 37/2010 ) | Removal of an official pastor |
| 2013-11-29 | 0135 / 12-2012 | Court of Bremen (G / BEK 1/2011) | Removal of a pastor |
| 2012-06-01 | 0135 / 22-2011 | Joint VG Lippe / ERK (900-2 / 62) | Dismissal / termination of a foundation board member |
| 2012-01-27 | 0135 / 27-2011 | VG Berlin-Brandenburg-Oberlausitz (VG 13/11) | Challenging the dissolution of a parish council |
| 2011-10-25 | 0135 / 21-2011 | VG Baden (VG 4/2010) | Amalgamation of parishes |
| 2009-03-23 | 0125 / 1-08 | DK Baden ( D 1/2007 ) | Removal from service |
Web links
Individual evidence
- ↑ Church Court Act of the Evangelical Church in Germany (KiGG.EKD) of November 6, 2003
- ↑ For the rest of the cost bearing §§ 59 ff. VwGG.EKD , § 79 DG.EKD , § 61 para. 9 MVG-EKD . The claim for reimbursement can be brought before the state courts, ECLI : DE: BVerwG : 2015: 251115U6C20.14.0 .
- ^ Ordinance on the chambers and senates at the ecclesiastical courts of the Evangelical Church in Germany from November 6, 2003 in the version from 2010
- ↑ § 3 Paragraph 3 KiGG.EKD
- ↑ Appointment from 2017: OJ. EKD 2017 p. 83 ; Chair: Dr. Stephan Gatz, judge at the Federal Administrative Court (also President of the KGH)
- ↑ Appointment from 2014: OJ. EKD 2014 p. 138 ; Chair: Judge at the OVG Dr. Ulrike Dithmar-Strehlau, Berlin
- ↑ Appointment from 2014: OJ. EKD 2014 p. 139 ; Chair: Judge at the OLG Beate Jokisch, Dresden
- ↑ Appointment from 2018: OJ. EKD 2018 p. 215 ; Chair: President of the Hamburg State Labor Court Dr. Helmut Nause
- ↑ Appointment from 2018: OJ. EKD 2018 p. 215 ; Chair: President of the Lower Saxony State Labor Court Wilhelm Mestwerdt
