Competence Court

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A competence court was a court (or a court-like authority ) to decide on conflicts of competence , in particular between courts and administrative authorities or between courts among themselves. For the latter case, there are still appropriate judges in some states.

Germany

In 1879, Section 17 (2) GVG a. F. give the Länder the possibility of delegating to special authorities “the decision of disputes between the courts and the administrative authorities or administrative courts on the admissibility of legal recourse ” to the ordinary courts . Such special authorities existed - often, but not designed as real courts in Prussia - until 1945, in Bavaria until 1981. Authorities of the respective country were entitled to submit applications, not Reich authorities, and there was no competence court at the Reich level either. Half of the at least five members had to be composed of judges of the ordinary jurisdiction ( Reichsgericht , Supreme Regional Court , Higher Regional Court ).

Prussia

In Prussia, the Court of Justice for the decision of conflicts of jurisdiction at the Prussian State Ministry had existed since 1847 (cf. Art. 96 of the 1850 constitution ). From 1854 to 1879, the so-called conflict matters (preliminary decisions on breaches of official duties ) were also assigned to him (cf. Art. 97 of the 1850 constitution ).

With the Reich Justice Acts in 1879 it became a “special authority” within the meaning of Section 17 (2) GVG a. F .; the conflicts in breaches of official duties were passed on to the Higher Administrative Court .

There was a dispute with the Reichsgericht in 1899 when it refused to follow the Competence Court in three cases of negative conflicts of jurisdiction because it had already denied legal recourse and a regional court could not overturn these decisions. In 1901, the Reichsgericht also ruled out the jurisdiction of the Competence Court in the event of a positive conflict of jurisdiction after the matter was pending before the Reichsgericht. As a result of these disputes, Prussian law was adapted to the view of the Imperial Court in 1902.

The decisions of the Competence Court include, for example, those on state immunity under international law .

The last session of the Prussian Competence Court took place in October 1942 (Pr. L. 3075 and 3076).

Chair:

Register symbol: Pr. L. (process list)

Decision registers:

Other countries

Austria

See: Reichsgericht (Austria) (1869–1919), Constitutional Court (Austria) (1919–)

France

See: Tribunal des conflits

Turkey

See: Conflict of Competence Court (Turkey)

literature

  • Georg Lemmer: The history of the Prussian court to decide the conflicts of competence . Scientia, 1997, ISBN 3-511-02853-1 ( limited preview in Google book search).

Individual evidence

  1. ↑ a b 1st Repeal Act of April 6, 1981 ( GVBl. P. 85 ); BayLT-Drs. 9/3645 p. 5 f .; Fritz Ostler: The Bavarian Court for Conflicts of Competence. An obituary , BayVBl. 1981, p. 647 f. (about 125 decisions; last of November 28, 1974)
  2. ^ Act on the procedure in the event of conflicts of jurisdiction between the courts and administrative authorities of April 8, 1847 ( GS p. 170 )
  3. ↑ Law on Conflicts in Legal Prosecutions for Official and Service Actions , of February 13, 1854 ( GS p. 86 )
  4. ^ Ordinance on the conflicts of jurisdiction between the courts and the administrative authorities , dated August 1, 1879 ( GS p. 573 )
  5. ↑ § 11 EGGVG
  6. ↑ Night watchman order in Blankenberg: RG June 10, 1899 (V 147/99, RGZ 44, 377 = JW 1899, 505 ); previous: RG 22 April 1891 (V 235/90); PrOVG July 12, 1893 (IC 108/92, PrOVGE 25, 131 = PrVBl. 15, 346 ); PKGH February 16, 1895 (2370); OLKG December 10, 1897; PKGH January 14, 1899 ( Pr. L. 2455 )
  7. ↑ Church construction work in Groß-Samoklensk: RG May 4, 1899 (IV 427/98, RGZ 44, 4 = JW 1899, 391 ); previous: RG January 21, 1895 (IV 234/94, RGZ 34, 306 = JW 1895, 155 ); RG February 15, 1897 (IV 223/96); PKGH June 25, 1898 ( Pr. L. 2434 , 2443 )
  8. ↑ Church fountain in Riet contactor: RG 4 May 1899 (IV 7/99, AfkKR 80, 594 ); previous: RG April 1, 1897 (IV 332/96); PKGH June 25, 1898 ( Pr. L. 2448 )
  9. ↑ Church seats in Daber: RG (United Civil Senate) May 22, 1901 (IV 216/00, RGZ 48, 195 ) - deviation from RGZ 11, 391 (III 177/83); following: RG October 30, 1901 ( AfkKR 83, 294 )
  10. ↑ Law on the amendment of the regulations on the conflicts of jurisdiction between the courts and the administrative authorities , of May 22, 1902 ( GS p. 145 )
  11. ↑ like the judgment of March 28, 1928 (Pr. L. 2934/28), ZaöRV 1931 p. 101
  12. ↑ Law on Competenzconflicte , of May 28, 1850 ( GVBl. Sp. 161 )
  13. ↑ Law on the decision on conflicts of jurisdiction between the courts and the administrative authorities or the administrative court of 18 August 1879 ( GVBl. P. 991)
  14. ↑ Law, the authority for decision in the last instance on competence doubts between judicial and administrative authorities , of June 13, 1840 ( GVBl. P. 97 )
  15. ↑ Act, the decision on competence disputes between the courts and the administrative authorities , of March 3, 1879 ( GVBl. P. 65 )
  16. ↑ Law on the decision of conflicts of jurisdiction of 25 August 1879 ( RegBl. P. 272 )
  17. ↑ Law on the decision of conflicts of jurisdiction of January 18, 1879 ( GVBl. P. 191 )
  18. ↑ State law on state jurisdiction of September 7, 1948 ( GVBl. P. 154 ), § 3 sentence 1: "The state court is also the court of competence"
  19. ^ Ordinance on the organization of the highest state authority of May 28, 1821 ( RegBl. P. 179 ) under IX.B.
  20. ↑ Law on the Supreme Administrative Court of January 11, 1875 ( RegBl. P. 45 , 1879 p. 131 ); Art. 22 et seq. Law relating to the implementation of the German Civil Procedure Code and the Bankruptcy Code , dated June 4, 1879 ( RegBl. P. 251 )
  21. ↑ Ordinance on the jurisdiction of the Reichsgericht in disputes about the admissibility of legal recourse in Bremen matters , of September 26, 1879 (RGBl. P. 298)