Thuringian Higher Regional Court
The Thuringian Higher Regional Court is the higher regional court of the Free State of Thuringia with its seat in Jena and forms the top of the Thuringian ordinary jurisdiction .
Seat and District of the Court
The Thuringian Higher Regional Court has its seat in Jena . The judicial district corresponds to the territory of the country .
At the Higher Regional Court are 1,936 lawyers and general counsel attorneys admitted (as at 1st January 2018).
history
1816-1878
The city of Jena has a long tradition as a place of jurisdiction, which goes back to the Schöppenstuhl founded in 1558 by Emperor Ferdinand I.
In 1816, who founded Ernestine countries a common upper court of appeal , the result of a treaty of the states of Saxony-Weimar-Eisenach , Saxe-Meiningen , Sachsen-Altenburg , Saxe-Coburg and Gotha , Schwarzburg-Rudolstadt , older Reuss line , Reuss Younger Line under of the nationwide judicial constitution law was continued on October 1, 1878 as a joint higher regional court .
1878-1923
Carl Heinrich Ferdinand Streichhan designed the new building for the Higher Regional Court on what would later become August-Bebel-Strasse, which could be moved into in 1880. The construction management was Otto Minkert .
After the founding of the people's state Reuss was on by decree of July 11, 1919 amendment to the State Treaty on the continuance of the District Court Community in Gera the hitherto existing regional court Greiz of the Principality of Reuss older line dissolved and the District Court with the local courts Burgk, Greiz and Zeulenroda the Assigned to the district of Gera. A criminal chamber remained at the Greiz District Court and a chamber for commercial matters was set up. With the unification of the Free State of Coburg with the Free State of Bavaria , which was implemented by the Reich Law of April 30, 1920 with effect from July 1, 1920, the Coburg district courts were subsequently also eliminated from the Meiningen regional court community. This departure became legally binding in a state treaty between Prussia, Thuringia and Bavaria with effect from April 1, 1921. From 1922, William Oberländer served as attorney general .
1923-1944
After the merger of the various small states in Thuringia and the unification of the Coburg part of the state with the Free State of Bavaria, the court organization in Thuringia was restructured after a while. With the law on the seats and districts of the ordinary courts in the state of Thuringia of June 15, 1923, the following structure was decided:
With the law of May 28, 1934, the district court of Triebes was set up in the district court district of Gera.
1944
With the decree amending the higher regional court districts of July 20, 1944 , the regional court districts of Nordhausen and Erfurt , which had previously been assigned to the OLG Naumburg , were assigned to the OLG district Jena. The district courts in Artern, Heringen, Kelbra, Roßla, Sangerhausen and Stolberg were assigned to the regional court in Halle from the LG district of Nordhausen . This change was preceded by a Führer decree of April 1, 1944, which divided the Prussian province of Saxony into the provinces of Magdeburg and Halle-Merseburg . The administrative district of Erfurt , which until then also belonged to the province of Saxony , was placed under the administration of the Reich governor of Thuringia .
1945–1952
During the short period of the American occupation of Jena after the end of the war, court operations at the Higher Regional Court were suspended. After the change of occupation in early July 1945, the courthouse was requisitioned by Soviet troops and the files were confiscated and separated by the Soviet occupying forces. The order No. 49 of the SMAD of September 4, 1945 demanded the resumption of full business operations of all courts and public prosecutor's offices on September 30, 1945 also the removal of all members of the NSDAP and fascist organizations from the apparatus of the courts and public prosecutor's offices, which led to massive dismissals led. Previously, on August 7, 1945, the incumbent state president Rudolf Paul had issued a transfer of the court to Gera , which was subsequently approved by the Thuringian state administration on August 13, 1945. The relocation, which was carried out immediately, took place in ignorance of the Jena city administration, but also of the Soviet military administration in Thuringia (SMATh). As early as August 28, 1945, the then incumbent District Court President of Gera, Dr. Arno Barth , introduced as the new OLG President. Urgent protests by the Jena city administration were just as unsuccessful as the plans of the SMATh, which had selected Weimar as the new location by order no. Of September 15, 1945 . The background to these considerations was obviously the concentration of the state government and the military government, which were already in Weimar, as well as the Supreme Court Authority in one location. But Paul, who was mayor of Gera for a short time before his appointment as state president, was able to successfully ward off these plans. The OLG in Gera only existed until 1950, when it was relocated to Erfurt .
In criminal matters, the Higher Regional Court acted as a court of appeal in place of the Reich Court . From 1947 it was also the court of cassation before the Supreme Court of the GDR was founded in 1949, which assumed this function in both criminal and civil matters. Until then there was no court over the Higher Regional Court.
In the course of the judicial reform of the GDR , the court was dissolved in 1952.
Since 1990
According to the Unification Treaty of August 31, 1990, the future states, including Thuringia, had to undertake to set up the jurisdictions and court structures provided for in the judicial constitutional law of the Federal Republic as soon as the necessary personnel and material requirements were created. With regard to this, the Justice Ministers' Conference had already at its meeting from 28–31 May 1990 a regionalization of the reconstruction of the administration of justice in the future countries decided. For Thuringia, the states of Bavaria, Hesse and Rhineland-Palatinate became responsible, with Rhineland-Palatinate, with the exception of the district of the District Court of Suhl in Meiningen, being responsible for establishing the ordinary jurisdiction in 1990. As a result, numerous lawyers from Rhineland-Palatinate came to Thuringia and were, for example, entrusted with the administration of the district courts. The Erfurt District Court was now run as President by Hans-Joachim Bauer , who had previously been President of the Kaiserslautern District Court . Under his leadership, in cooperation with the new Thuringian Ministry of Justice, the upcoming tasks that should lead to a modern administration of justice were planned and commissioned. Thus the leading functions of the ordinary judiciary were initially concentrated in Erfurt. In the summer of 1991, the Ministry of Justice began to deal with questions relating to the transfer of the existing courts to the four-stage structure of the Courts Constitution Act. In addition, a study appeared in June 1991 on the future court locations, according to which, in addition to a further, fourth, regional court in Mühlhausen, the future Thuringian Higher Regional Court and the General Prosecutor's Office in Jena should be set up. However, since the entire construction work had been done in Erfurt up to then, there were not inconsiderable reservations about this quasi completely new location, mainly because of the necessary relocations of staff trained in Erfurt to Jena. In connection with the tradition of the old Higher Regional Court and its long history in Jena, as well as the traditional proximity to the renowned Jena University, the vote of the then Justice Minister Hans-Joachim Jentsch for Jena was accepted within the judiciary, but initially treated as an internal decision and not presented to the public. However, the draft law for this choice of location was only drawn up and published in the summer of 1992. The location discussions about the seat of the courts also got into the general discussion about a major local government reform, in which court locations were also treated as means of compensation for administrative authorities in individual municipalities that had been lost and were accordingly delayed. The choice of location made within the judiciary provided for a planning framework up to the end of 1993. Accordingly, the administrative department of the new higher regional court at the district court of Erfurt was set up in the summer of 1991 and a support team was set up for the Jena Higher Regional Court. With the support of the Palatinate Higher Regional Court in Zweibrücken , recruited staff was trained, also within the framework of three-month training in the administrative department of the OLG Zweibrücken. The main problem in Jena was the building of the future OLG. Since the old courthouse on August-Bebel-Strasse was used by the Jena University in GDR times, questions of property law in particular got in the way of handing the building back to the Ministry of Justice. Despite the conviction of employees at the time that they could move back into the old building, this wish was not fulfilled. The OLG first moved into the office high-rise building 59 of the Jenoptik at Leutragraben 2-4, where it occupied along with the Attorney General's four floors. On July 16, 1993, the Thuringian Jurisdiction Law passed in the Thuringian State Parliament also passed the legal framework for the Jena OLG site, so that the OLG was re-established on September 1, 1993. Hans-Joachim Bauer was appointed the first President of the Thuringian Higher Regional Court. The location in the skyscraper, which was intended as a provisional provisional solution, ultimately lasted for 10 years until 2004, when the OLG and other authorities moved to the newly built justice center at Rathenaustraße 13. Bauer retired on June 30, 2006 and Stefan Kaufmann was appointed as his successor on October 14, 2006.
Courthouse
The court is located in the building complex at Rathenaustraße 13 in Jena, which was built in 2004 , in the same property as the Thuringian Public Prosecutor's Office, parts of the Jena District Court and other judicial authorities (Jena Justice Center).
Superordinate and subordinate courts
The Federal Court of Justice is the only court superordinate to the Higher Regional Court; subordinate are the four regional courts of Thuringia in Gera , Erfurt , Meiningen and Mühlhausen with the 23 subordinate district courts .
Judge
- Bruno Becker (1925–1945)
- Karl von Brüger (1822–1905), President of the joint higher regional court of the Thuringian states, honorary citizen of Jena
- Matthias Knauff (* 1978), lawyer, university lecturer and judge
See also
literature
- Hans-Joachim Bauer , Olaf Werner (Ed.): Festschrift for the re-establishment of the higher regional court in Jena. Beck, Munich 1994, ISBN 3-406-37968-0 .
Web links
- Internet presence of the Thuringian Higher Regional Court
- Information about the building
- Overview of the jurisdiction of the Jena Higher Regional Court
Individual evidence
- ↑ Federal Bar Association, www.brak.de: Large membership statistics as of January 1, 2018. (PDF; 37.3 kB) Accessed September 5, 2018 .
- ↑ Law collection for Thuringia No. 11 from 1921 p. 69 .
- ↑ Law collection of Thuringia 1923 p. 476.
- ↑ Law collection for Thuringia No. 21 1934 p. 93 .
- ↑ RGBl. No. 34 of 1944 p. 164
- ↑ RGBl. No. 20 of 1944 pp. 110f
- ↑ Law on the change of court districts in the state of Thuringia of May 19, 1949 ( Reg.-Bl. I p. 32 ).
- ↑ Law on the application of the Courts Constitution Act in the State of Thuringia of December 5, 1945 ( Reg.-Bl. 1946 I p. 1 ), Art. IV § 120 (cf. § 135 GVG in the version of 1924)
- ^ Act on the cassation of final judgments in criminal matters of October 10, 1947 ( RegBl. I p. 81 )
- ↑ Law on the establishment of the Supreme Court and the Supreme Public Prosecutor's Office of the German Democratic Republic of December 8, 1949 ( Journal of Laws No. 16 p. 111), Section III
- ↑ see also ordinance on the provisional transition from civil justice to the peacetime state of October 24, 1945 (Reg-Bl. I p. 50), § 24
- ↑ Law on the Constitution of the Courts of the German Democratic Republic (Courts Constitution Law) ( Memento of July 9, 2018 in the Internet Archive ) of October 2, 1952 (Journal of Laws No. 141 p. 983)
Higher Regional Court of Bamberg | Chamber of Commerce Berlin | Brandenburg Higher Regional Court | Higher Regional Court of Braunschweig | Hanseatic Higher Regional Court Bremen | Higher Regional Court of Celle | Higher Regional Court of Dresden | Higher Regional Court of Düsseldorf | Higher Regional Court of Frankfurt am Main | Hanseatic Higher Regional Court of Hamburg | Higher Regional Court Hamm | Thuringian Higher Regional Court Jena | Higher Regional Court of Karlsruhe | Higher Regional Court Koblenz | Higher Regional Court of Cologne | Higher Regional Court of Munich | Higher Regional Court Naumburg | Higher Regional Court of Nuremberg | Higher Regional Court of Oldenburg | Higher Regional Court of Rostock | Saarland Higher Regional Court Saarbrücken | Schleswig-Holstein Higher Regional Court Schleswig | Higher Regional Court of Stuttgart | Palatinate Higher Regional Court Zweibrücken
Legislature: Landtag
Executive: state government | Prime Minister | State Chancellery | Ministry of Labor, Social Affairs, Health, Women and Family | Ministry of Education, Youth and Sport | Ministry of Finance | Ministry of Infrastructure and Agriculture | Ministry of Interior and Local Affairs | Ministry of Migration, Justice and Consumer Protection | Ministry of the Environment, Energy and Nature Conservation | Ministry of Economy, Science and Digital Society
Judicial branch: Constitutional Court | Higher Regional Court | State Labor Court | Finance Court | Regional Social Court | Higher Administrative Court
Coordinates: 50 ° 55 ′ 20 ″ N , 11 ° 34 ′ 46 ″ E