Localization requirement

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The localization requirement in Germany stipulated that the lawyer in civil matters was only allowed to appear at the respective court on the basis of a special license for the respective court. In the area of criminal jurisdiction and for proceedings before the constitutional , administrative , social , financial and labor courts , no special approval was provided. With the law to strengthen the self-administration of the legal profession, localization ceased to exist on June 1, 2007. This law was preceded by several steps towards the liberalization of licensing law. The Federal Constitutional Court also ruled in 2000 that the regulations on simultaneous admission to the higher regional courts were unconstitutional.

The law to strengthen the self-administration of the legal profession has not changed anything about the localization requirement for the Federal Court of Justice . This means that only specially licensed lawyers ( Section 172 BRAO ) may act at this court in civil matters . These specially licensed lawyers may only appear before the Supreme Courts of the Federal Republic and the Federal Constitutional Court ( singular admission ). They are members of the Bar Association at the Federal Court of Justice . The Federal Constitutional Court has confirmed this provision.

Individual evidence

  1. Law to strengthen the self-administration of the legal profession of March 26, 2007 ( BGBl. I p. 358 )
  2. Overview of the legislative process
  3. BVerfG, 1 BvR 335/97
  4. BVerfG, 1 BvR 819/02