Arbitration body
A panel of a court is the judicial body that decides in individual cases in the form of a judgment or order .
Germany
The main levels in Germany are single judges , chambers and senates ; in Austria at the ordinary court, single judge, lay judge (single judge / senate with lay judge as assessor), jury (single judge / senate with a lay bench) and senate (committee of professional judges).
Court and Arbitration Body
Every court in the organizational sense (example: regional court) consists of several arbitration bodies (example: civil chamber).
The law provides for various types of tribunal. Which of several similar bodies saying a court has jurisdiction is determined by the schedule of responsibilities . In procedural laws, the term “court” is often used in the procedural sense and then means the competent court (example § 203 StPO : “The court decides to open main proceedings if […]”). The judge handling the proceedings within the panel is the rapporteur .
Classification
In Germany one can essentially distinguish three levels according to the designation of the panel:
- Single judge (called criminal judge or youth judge in criminal matters)
- chamber
- Senate (including regularly at the federal courts : BGH , BAG , BVerwG , BSG , BFH , BVerfG and at the higher regional courts)
With regard to the composition of the panel, one can differentiate as follows
- Arbitration body with a professional judge
- Arbitration body with a professional judge and several honorary judges
- Arbitration body with several professional judges
- Arbitration body with several professional judges and honorary judges.
At the Federal Patent Court there are also senates with an extraordinary breadth of occupation (three, four or five professional judges), these divided differently between judges with normal qualifications (legally qualified members) and technical judges (according to the special regulation in Section 120 that only applies to this court DRiG ).
Basic right to the legal judge
A decision by the wrong panel affects the basic judicial right to the legal judge . Within a court, a procedure is informally submitted or referred from the incompetent to the correct arbitration body. Judgments made by the wrong court are usually reversible ; Resolutions can be challenged with an (immediate) appeal .
Individual judges in the various branches of the court
Ordinary jurisdiction
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District Court
- Single judge in criminal matters -: criminal court or juvenile court judge named
-
Court of lay judges - 1 professional judge, 2 lay judges
- extended court of lay judges - 2 professional judges, 2 lay judges; rarely occurs
-
district Court
-
Civil matters
- Civil Chamber - 3 professional judges
- Single judge - As far as the civil chamber is basically responsible, it can transfer simpler cases to the single judge. The single judge can transfer more difficult cases to the civil chamber.
- Chamber for commercial matters - 1 professional judge, 2 honorary judges with the designation commercial judges . In certain cases, the chairman can also decide on his own.
-
Criminal matters
- small criminal and youth chamber - 1 professional judge, 2 lay judges
- large criminal and youth chamber - 3 [in some cases only 2] professional judges, 2 lay judges
- Jury court - 3 professional judges, 2 lay judges
- Penal Enforcement Chamber - 3 professional judges; in some cases only 1 professional judge
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Civil matters
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Higher Regional Court
- Civil Senate - 3 professional judges
- Single judge - in some cases in civil matters
- Criminal Senate - 3 or 5 professional judges
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Federal Court of Justice
- Civil Senate - 5 professional judges
- Criminal Senate - 5 professional judges (only 3 professional judges in the case of complaints against investigative judges' measures)
Administrative jurisdiction
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Administrative court
- Chamber - 3 professional judges, 2 honorary judges
- Fachkammer (staff representation) - 1 professional judge, 4 honorary judges
- Single judge
-
Higher Administrative Court (Administrative Court)
- Senate - 3 professional judges; also 5, also 2 honorary judges according to state law
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Federal Administrative Court
- Senate - 5 judges; outside of the oral hearing 3 judges
Labor jurisdiction
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Labor court
- Chamber - 1 professional judge, 2 honorary judges; in certain cases the chairman can decide alone
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State Labor Court
- Chamber - 1 professional judge, 2 honorary judges
-
Federal Labor Court
- Senate - 3 professional judges, 2 honorary judges
Financial jurisdiction
-
Finance court
- Senate - 3 professional judges, 2 honorary judges
- Single judge
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Federal Fiscal Court
- Senate - 5 judges; outside of the oral hearing 3 judges
Social justice
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social Court
- Chamber - 1 professional judge, 2 honorary judges
-
Regional Social Court
- Senate - 3 professional judges, 2 honorary judges
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Federal Social Court
- Senate - 3 professional judges, 2 honorary judges
Constitutional jurisdiction
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Federal Constitutional Court
- Senate - 8 judges; quorate from 6 judges
- Chamber - 3 judges; unanimous decision in place of the Senate in the case of constitutional complaints and judges' submissions according to Article 100, Paragraph 1 of the Basic Law
Individual evidence
- ↑ Data and facts. bayern.de , March 21, 2016, accessed on March 28, 2016 .