Schleswig-Holstein Higher Regional Court

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Building of the Schleswig-Holstein Higher Regional Court, called "Red Elephant".

The Schleswig-Holstein Higher Regional Court is the higher regional court (OLG) of the State of Schleswig-Holstein in Schleswig .

Seat and District of the Court

The court has its seat in the city of Schleswig . The judicial district includes the districts of the subordinate regional courts and thus the entire area of ​​the state. At the Higher Regional Court are 3,850 lawyers and general counsel attorneys admitted (as at 1st January 2018).

history

The Schleswig-Holstein-Lauenburg Higher Appeal Court

Oath of office of the first president v. Brockdorff 1834

The Schleswig-Holstein-Lauenburg Higher Appeal Court was based on an ordinance of May 15, 1834 by King Friedrich VI. established by Denmark with effect from October 1, 1834 as a court of last resort for the three duchies of Schleswig , Holstein and Lauenburg in Kiel . There was thus the supreme court for before 1806 belonging to the Holy Roman Empire duchies Holstein and Lauenburg to replace the Imperial Chamber in Wetzlar and the Empire privy councilor in Vienna, the German with the dissolution of the Holy Roman Empire Nation discontinued their work in January 1806th With regard to the duchies of Holstein and Lauenburg, the Danish king thus fulfilled the obligation under Article 12 of the German Federal Act of 1815, according to which the federal states of the German Federation had to set up higher appeal courts as the third and final instance. As a Danish imperial fief, the Duchy of Schleswig was not a member of the German Confederation.

Until 1834, the Higher Court for Schleswig in Gottorf and the Holstein Higher Court in Glückstadt were the highest courts in Schleswig-Holstein. The Lübeck Higher Appeal Court , which began operating in 1820, was not responsible for the Schleswig-Holstein area, but for the four Free Cities.

From 1850 the Higher Appeal Court in Kiel was only responsible for the Duchies of Holstein and Lauenburg and existed in this form until 1867.

Court reforms in 1867 following integration into the Prussian state

With the incorporation of Schleswig-Holstein as a province into the Prussian state , it was downgraded to the appeal court , which had its seat at Flämische Strasse 21 in Kiel. The Supreme Court was replaced by the specially established Higher Appeal Court in Berlin for the newly acquired territories , which was incorporated into the Prussian Higher Tribunal in 1874 .

The Schleswig area again belonged to the jurisdiction of the appellate court. In total, there were initially 86 district courts and four, later five district courts in Altona, Itzehoe, Schleswig, Flensburg and later Lauenburg.

Empire and Weimar Republic

With the entry into force of the Reich Justice Act on October 1, 1879, the Kiel Higher Regional Court was founded, which until 1894 had its seat in the building of the former court of appeal and in 1894 moved to the new building on Lorentzendamm, which is now used as the Ministry of Justice.

The district courts of Flensburg, Kiel and Altona belonged to the district of the higher regional court. The senates were increased from initially two in 1903 to three and finally to four in 1921. The third smallest OLG in Prussia in terms of area and number of court residents was a springboard during the German Empire to take over the large OLG districts in Cologne and Wroclaw. Both the presidents of the OLG and the majority of the judges did not come from the province of Schleswig-Holstein until the Weimar Republic, but from other parts of Prussia.

The best-known trial at this time was the Kiel Port Trial, decided by judgment of November 8, 1904 , in which the City of Kiel sued the Prussian state for a declaration that it was entitled to ownership of the Kiel Fjord, i.e. the port basin and the associated foreshore. Behind this stood the conflict between the state of Prussia with its interest in expanding the war port and the city of Kiel with its interest in expanding the commercial port. The city lost the legal battle, which contributed to the one-sided development of Kiel and the crisis since 1918.

time of the nationalsocialism

In 1937, in the course of the Greater Hamburg Law , the judicial district of the Kiel Higher Regional Court lost the Altona district court and gained the Lübeck district court from the judicial district of the Hamburg Higher Regional Court and the newly founded Itzehoe district court .

After 1945

After the Second World War, the Lüdemann cabinet moved the court, which was originally reopened in Kiel, to Schleswig in 1948 as compensation for the loss of the state administration and the court was given the current name of Schleswig-Holstein Higher Regional Court .

Courthouse

The courthouse in Gottorfstr. 2 , which also houses the Schleswig-Holstein State Social Court and the General Public Prosecutor's Office , is located directly across from Gottorf Castle . It was built between 1876 and 1878 under the direction of the master builder Franz Florenz Engelbert Hegemann and was the seat of the former Prussian provincial government of the province of Schleswig-Holstein . The Bjelkesche Palais ( also called Dernahtsches Palais after its builder Gerhard von Dernath ) was located in the same place until the fire in January 1868 . The popular parlance calls the imposing brick building the Red Elephant . The bronze sculpture “The Hanged Man” by the Worpswede artist Waldemar Otto has been in front of the building since 1993 as a memorial to the victims of the Nazi arbitrary justice system. In place of the green area in front of the courthouse was the Gottorf mill pond, which was filled in in 1906.

Superordinate and subordinate courts

Schleswig-Holstein Higher Regional Court (Schleswig-Holstein)
Regional court of Flensburg
Itzehoe District Court
District Court of Kiel
District Court of Lübeck
Location of the regional courts in the respective judicial districts in Schleswig-Holstein
  • Regional court of Flensburg
  • Itzehoe District Court
  • District Court of Kiel
  • District Court of Lübeck
  • The Federal Court of Justice is superordinate to the Schleswig Higher Regional Court . The regional courts of Flensburg , Itzehoe , Kiel and Lübeck are subordinate .

    Public prosecutor

    The set up at the Court of Appeal Attorney General's Office are analogous to the court structure, the prosecutor's offices subordinate to the District Courts of Flensburg, Itzehoe, Kiel and Lübeck.

    Attorneys General were (list incomplete):

    • Goswin Dörmann (November 1945–1948). Had fallen out of favor with the Nazis in Kiel in 1935 because he did not greet the Nazi flag of an SA storm and constantly refused to greet the Germans . Dörmann was then transferred to Berlin as a punishment, from where he returned to Kiel in 1944.
    • Karl Mannzen (1950–1954).
    • Heribert Ostendorf (1989–1997)
    • Erhard Rex (1997-2010)
    • Wolfgang Müller-Gabriel (2011-2015)
    • Wolfgang Zepter (since 2015)

    Lawyers at the Schleswig-Holstein Higher Regional Court and its predecessor courts

    In 2008 around 65 judges were employed at the court. Uta Fölster is the president of the court and Rainer Hanf is vice president. In the district of the Schleswig-Holstein Higher Regional Court, 3,880 lawyers (as of January 1, 2014) are admitted.

    Presidents of the Higher Regional Court and the previous courts:

    Higher Appeal Court Kiel
    1834-1839 Count Cay Lorenz von Brockdorff previously already president of the higher court in Glückstadt
    1840-1847 Johann Paul Höpp
    1847-1855 Friedrich Christian Schmidt
    Appeal Court Kiel
    Ebert
    Higher Regional Court of Kiel and Schleswig
    1879-1887 Friedrich Wilhelm Otto Herrmann Vierhaus
    (1819 - May 31, 1887)
    Previously President of the Court of Appeal in Frankfurt / Main from 1876, President of the Cologne Higher Regional Court from 1887
    1885-1899 Johannes Struckmann
    (March 23, 1829 - May 12, 1899)
    Before that he was president of the regional court in Hildesheim from 1879, later president of the OLG Cologne from 1887 to 1899
    1887-1897 Paul Florschütz
    (1897 - October 31, 1902)
    Previously President of the Senate at the OLG Breslau
    1897-1904 Max Beseler
    (* 1841; † 1921)
    Son of Georg Beseler , previously head of the LG Opole from 1888, the District Court of Berlin I from 1892, then President of the OLG Breslau from 1904. From 1911 to 1917 Prussian Minister of Justice.
    1904-1905 Felix Vierhaus
    (* 1850; † 1917)
    Son of the first OLG president. 1905 to 1917 president of the OLG Breslau.
    1905-1910 Peter Spahn
    (* 1846; † August 31, 1925 Bad Wildungen)
    1910 to 1917 President of the Frankfurt Higher Regional Court, 1917–1918 Prussian Minister of Justice.
    1910-1921 Ferdinand Kirchner
    1921-1923 Georg Werner
    1923-1927 Georg Buss
    1927-1933 Gottfried Kuhnt
    (born June 25, 1884 † November 30, 1967)
    Before being appointed President of the Higher Regional Court, Ministerialrat in the Prussian Ministry of Justice, member of the DDP; initially on leave and then retired on April 7, 1933 on the basis of the law to restore the civil service ; Reinstated by the British Military Government in mid-1945. s. u.
    1933-1943 and 1944-1945 Karl Martin 1924 Chamber Court Councilor, 1924 Senate President in Kassel, 1928 Vice President of the Higher Regional Court of Kassel, joined the NSDAP in May 1933, member of the National Socialist Legal Guardian Association , from July 1, 1933 President of the Higher Regional Court, from 1934 a formal member of the SS, between 1937 and 1939 member of the major Criminal Law Commission of the Reich Ministry of Justice, retired on October 1, 1943 at his request, provisional management of the OLG until November 14, 1943, reactivation in the second half of 1944, dismissal by the President of the Province of Schleswig-Holstein on August 28, 1944
    1943-1944 Johannes Haastert
    July 7, 1945 - December 1, 1946 Gottfried Kuhnt The term of office was so short that Kuhnt was appointed Minister of Justice. After December 1, 1946, the OLG presidency was temporarily not filled; the deputy took over the official business. Therefore, Kuhnt was able to return to the post after his government was voted out.
    May 2, 1947 - June 1952 Gottfried Kuhnt
    1952-1968 Walter Hartz
    (* May 14, 1903 † February 12, 1994)
    Member of the NSDAP since 1937; 1940 OLG council in Kiel; November 1940 to September 1944 Chief Military Officer with the Military Commander in Northern France and Belgium in Brussels; 1948 OLG council in Kiel; 1950 to 1952 judge at the BGH.
    1968-1972 Max Otto Dohle
    (born June 8, 1908 † February 3, 1972)
    1972-1974 Georg Ostendorff
    (* December 24, 1909 † October 3, 1995)
    1975-1988 Eberhard Kuthning
    (born July 3, 1923 in Elbing † May 13, 2013 in Celle)
    Previously President of the Braunschweig Regional Court since 1968
    1988-1992 Gerold Koehler
    Dietrich Mett
    2002-2007 Konstanze Görres-Ohde Born in Königsberg;
    1989–1996 President of the Itzehoe Regional Court;
    1996–2002 President of the Hamburg Regional Court.
    2008– Uta Fölster
    (born February 9, 1956)
    1991–1996 press spokeswoman for the Berlin judiciary
    1996–2000 press spokeswoman for the Federal Constitutional Court
    2000 managing director of the Federal
    Bar 2001–2006 managing director of the German Association of Judges
    2006–2008 president of the district court Berlin-Mitte

    From the Higher Regional Court and from the Higher Regional Court District transferred to the Federal Court of Justice:

    They also worked at the court

    • Henriette Heinbostel worked at the court from 1957 to 1976, fictitiously, as the literary figure of a first woman as President of the Higher Regional Court .

    Known processes

    See also

    literature

    • Schleswiger Gesellschaft Justiz + Kultur eV (Ed.): 1948–1998 - 50 years of Schleswig-Holstein Higher Regional Court in Schleswig. 1998.
    • Schleswig-Holstein advertisements : 150 years of jurisdiction in Schleswig-Holstein - ceremony on October 1, 1984. Part A, special issue, issued in December 1984.
    • Schleswig-Holstein advertisements: Higher jurisdiction in Schleswig-Holstein - Symposium on November 14th and 15th, 1986. Part A, special issue, issued in July 1988.
    • Hans-Günther Andresen: The small “Palace of Justice” in Kiel - On the architecture of the former Higher Regional Court and today's Ministry of Justice on the Kleiner Kiel. In: SchlHAnz. 1994, p. 297ff.
    • Erich Döhring: 125 years of higher jurisdiction in Schleswig-Holstein. In: SchlHAnz. 1959, p. 229ff.
    • Kurt Jürgensen: A worthy house for the judiciary. In: SchlHAnz. 1994, p. 246ff.
    • Helmut Nicken: The history of the relocation of the higher regional court from Kiel to Schleswig in 1948. In: SchlHAnz. 1968, pp. 82ff., 132ff.
    • Werner Schubert: From the history of the Kiel Higher Regional Court in the Imperial Era and in the Weimar Era. In: SchlHAnz. 2006, pp. 177-190.
    • Werner Schubert: On the history of the Kiel Higher Regional Court in the Nazi era under its presidents Karl Martin and Johannes Haastert. In: Schleswig-Holstein advertisements. 2007, p. 345 ff.
    • Werner Schubert: 175 years of jurisdiction in Schleswig-Holstein. In: SchlHAnz. 2009, pp. 308-320.

    Web links

    Commons : Schleswig-Holstein Higher Regional Court  - album with pictures, videos and audio files

    Individual evidence

    1. Section 32 (1) sentence 1 of the State Justice Act (LJG) of April 17, 2018
    2. Section 32 (2) LJG.
    3. Federal Bar Association, www.brak.de: Large membership statistics as of January 1, 2018. (PDF; 37.3 kB) Accessed September 5, 2018 .
    4. ^ Döhring 1959, 229-234
    5. Announcement in SchlHA 1834, 23rd issue of June 9, 1834; Facsimile in SchlHA 1984, p. 198ff.
    6. Vollstedt, On the 100th anniversary of the Glücksstadt District Court, SchlHAnz 1967, 213ff.
    7. Döhring 1959, 235-240, Schubert 2006, 177-179
    8. Schubert 2006, 177ff.
    9. Andresen 1994, 297ff.
    10. Schubert 2006, 182f.
    11. Döhring 1959, 238, in detail Schubert 2006, 187f.
    12. Helmut Nicken, The history of the transfer of the Higher Regional Court from Kiel to Schleswig in 1948, SchlHAnz 1968, 82ff., 132ff.
    13. ^ Uwe Kieling: Berlin building officials and state architects in the 19th century . Kulturbund der DDR, Berlin 1986, p. 39, 40 .
    14. Karlheinz Schlüter: The Red Elephant - About the History and Preservation of a Monumental Monument ( Memento from June 11, 2012 in the Internet Archive )
    15. Volker Lindemann: The memorial for the victims of arbitrary justice from 1933 to 1945 ( Memento from April 6, 2014 in the Internet Archive )
    16. Klaus Detlev Godau-Schüttke: I only served the law - the renazification of the Schleswig-Holstein judiciary after 1945 . Nomos Verlag, Baden-Baden, 1993, ISBN 3-7890-2935-1 .
    17. Page no longer available , search in web archives: Business distribution plan 2008@1@ 2Template: Toter Link / schleswig-holstein.de
    18. Federal Bar Association, www.brak.de: Large membership statistics as of January 1, 2014. (PDF) March 20, 2014, accessed on August 22, 2014 .
    19. Schubert 2006, 179, 180
    20. Schubert 2006, 180
    21. Schubert 2006, 180
    22. Schubert 2006, 180f.
    23. Schubert 2006, 181
    24. Schubert 2006, 181
    25. Schubert 2007, 345
    26. Werner Schubert, On the history of the Kiel Higher Regional Court in the Nazi era under its presidents Karl Martin and Johannes Haastert, SchlAnZ 2007, 345ff.
    27. Schubert 2007, 351
    28. Frankfurter Allgemeine Zeitung, January 31, 2008, No. 26, p. 8.
    29. Press release of the BGH No. 7/1999
    30. Press release of the BGH No. 18/2000
    31. Press release of the BGH No. 30/2000
    32. Press release of the BGH No. 36/2005
    33. Press release of the BGH No. 36/2001
    34. Press release of the BGH No. 81/2002
    35. Press release of the BGH No. 100/2005
    36. Press release of the BGH No. 123/2006

    Coordinates: 54 ° 30 ′ 28.1 ″  N , 9 ° 32 ′ 28.8 ″  E