State Justice Act
| Basic data | |
|---|---|
| Title: | State Justice Act |
| Abbreviation: | LJG |
| Type: | State Law |
| Scope: | Schleswig-Holstein |
| Legal matter: | Administration of justice |
| Issued on: | April 17, 2018 ( GVOBl. SH p. 231 ) |
| Entry into force on: | June 1, 2018 |
| Please note the note on the applicable legal version. | |
The State Justice Act regulates the organization of the legal system in Schleswig-Holstein . In particular, it regulates the courts of ordinary jurisdiction , labor , financial , social and administrative jurisdiction as well as the state prosecutor's offices . For each court, among other things, the seat, the name and the local jurisdiction are determined. It also contains provisions on the administration of justice , the law on costs and the language mediators used by courts and public prosecutors .
The constitutional jurisdiction is not standardized in the State Justice Act. Statutory regulations on the Schleswig-Holstein State Constitutional Court are instead contained in the State Constitutional Court Act and in the State Constitution .
The State Justice Act was passed unanimously by the Schleswig-Holstein State Parliament on March 22, 2018 as part of the act to streamline state law in the field of justice . Previously, the regulations on the country's judiciary were divided into various laws and ordinances. For example, each jurisdiction had its own law regulating the seat and district of the court. Some of the legal norms came from the time of National Socialism or even from the German Empire and were therefore linguistically outdated. Another problem was that some of these legal norms contained many paragraphs that had now become redundant or repealed. According to the Ministry of Justice , this situation has made it difficult for those applying the law to find the relevant norms. To create greater transparency, 19 laws and 8 ordinances have been repealed and summarized in the State Justice Act in a modernized form in terms of language and content.
Organization of the courts
Before the State Justice Act came into force, regulations on the respective seat of a court and its judicial district were divided into five laws. These were
- the Court Organization Act for ordinary jurisdiction,
- the law on the reallocation of the districts of the courts for labor matters in Schleswig-Holstein for labor jurisdiction ,
- the first law for the implementation of the financial court order for financial jurisdiction,
- the Schleswig-Holstein Implementation Act to the Social Court Act for social jurisdiction and
- the implementation law for the administrative court order for administrative jurisdiction.
These regulations have essentially been incorporated into the State Justice Act without any substantive changes. The law defines the following court structure for Schleswig-Holstein:
In the annex to the law, the affiliation of the respective municipalities and the municipality-free areas of Schleswig-Holstein to a district court is specified. Deviating from this, the local jurisdiction for the community-free coastal waters offshore is regulated directly in the law. The Baltic Sea coast has been added to the Kiel District Court and the North Sea coast to the Husum District Court, with the exception of the coastal waters around the island of Helgoland , which belong to the Pinneberg District Court . The District Court of Oldenburg in Holstein will be responsible locally for the Fehmarnbelt tunnel , which is currently in the planning stage .
Organization of public prosecutors
Attorney General's Office is the existing at the Schleswig-Holstein Higher Regional Court prosecutor. There are also public prosecutors at the regional courts of Flensburg, Itzehoe, Kiel and Lübeck.
The State Justice Act does not regulate the formation of public prosecution . In Schleswig-Holstein, special public prosecutor's offices have been set up to deal with white-collar crime cases through an administrative regulation .
Regulation of domiciliary rights
The previously in Schleswig-Holstein only by judicial legal development developed House law, which applies in the government and court buildings, was codified by the State Justice Act. It was regulated that general admission controls can be carried out if necessary. In addition, the identity of people can be determined and people and their belongings can be searched and weapons, dangerous objects, etc. can be seized. If necessary, people can be expelled from the property or they can be temporarily prohibited from entering the property. The judicial sergeant is usually responsible for these tasks .
Web links
- Complete edition of the State Justice Act. Retrieved December 2, 2018 .
Individual evidence
- ↑ Law on the Schleswig-Holstein State Constitutional Court (State Constitutional Court Act - LVerfGG) of January 10, 2008, GVOBl. 2008, p. 25 .
- ↑ Constitution of the State of Schleswig-Holstein in the version dated December 2, 2014, GVOBl. 2014, p. 344 .
- ↑ Minutes of the plenary. (PDF; 426 kB) 19/26. Schleswig-Holsteinischer Landtag, March 22, 2018, p. 1818 , accessed on December 2, 2018 .
- ↑ Bill. (PDF; 849 MB) Printed matter 19/365. Schleswig-Holstein State Parliament, November 29, 2017, pp. 2 f., 87 , accessed on December 2, 2018 .
- ↑ Bill. (PDF; 849 MB) Printed matter 19/365. Schleswig-Holsteinischer Landtag, November 29, 2017, pp. 93, 119, 131-134 , accessed on December 2, 2018 .
- ↑ General administrative regulation for the establishment of public prosecutor's offices to combat white-collar crime of January 23, 2006 - V 310/7036 - 18 a SH -, SchlHA 2006 p. 42 .