Singular approval
In German law, singular admission, in contrast to simultaneous admission , denotes the admission of a lawyer to represent himself at a specific court.
Today's meaning
Singular admission now only exists for lawyers at the Federal Court of Justice in civil matters (except patent nullity proceedings). Incidentally, since the localization requirement was abolished in 2007 , lawyers have been able to postulate before any court nationwide from the first day of their admission . 42 lawyers are currently admitted to the Federal Court of Justice. The parties to a civil dispute must be represented by one of these lawyers before the Federal Court of Justice (Section 78 of the Code of Civil Procedure ).
The lawyers admitted to the Federal Court of Justice may also appear before the other highest federal courts , the Joint Senate of the highest courts and the Federal Constitutional Court as well as in the proceedings before the requested judge before any other court, provided the request comes from one of the named courts ( § 172 Federal Lawyers' Act ).
criticism
The singular admission of lawyers is criticized because it represents an unjustified encroachment on the freedom of occupation (Article 12 of the Basic Law). In addition, the selection process is not transparent.
history
The earlier singular admission of lawyers to the higher regional courts of some federal states was declared unconstitutional by the Federal Constitutional Court in 2000 .
Individual evidence
- ↑ Law to strengthen the self-administration of the legal profession of March 26, 2007 ( BGBl. I p. 358 )
- ↑ The Federal Court of Justice - The court: Organization: Other parties to the proceedings: Admitted lawyers. Lawyers at the Federal Court of Justice. Retrieved April 26, 2020 .
- ↑ LTO: Singular approval: Do the BGH lawyers stay among themselves? In: Legal Tribune Online . ( lto.de [accessed on October 23, 2018]).
- ^ Judgment of the First Senate of the Federal Constitutional Court of December 13, 2000 - 1 BvR 335/97 - BVerfGE 103.1
