Procedural rules
A code of procedure is understood to be the codified compilation of norms that relate to a specific section of legal disputes.
Disputed proceedings are also to be understood as those which, like the criminal proceedings, do not actually constitute disputes, but are traditionally structured as disputes between two parties with fundamentally equal rights. A procedural code has regular provisions on the jurisdiction of the courts, the initiation and course of judicial proceedings, the coming into being, the notification and effects of the judicial decisions, the legal remedies , the compulsory enforcement of judicial decisions, as well as mostly summary and urgent proceedings for the provisional settlement or securing of a State to the subject. In the case of criminal proceedings, there are also norms for encroaching on the rights of those involved or subject to the proceedings, namely for imposing pre-trial detention , ordering seizures , searches and compulsory physical examinations.
Occasionally the rules of procedure also contain provisions on the organization of the courts, which are otherwise contained in separate organizational laws. Occasionally, however, the organizational laws also contain provisions that are important for court proceedings, for example on coercive measures against witnesses in the German Courts Constitution Act (GVG) or the contestation of judicial administrative files in its Introductory Act (EGGVG).
Proceedings that have been issued to regulate judicial or judicial procedures, without actually being disputed, are the procedures of so-called voluntary jurisdiction or the insolvency order .
Rules of procedure in Germany
In Germany, each branch of the court has its own procedural rules.
The jurisdiction in Germany is divided into five branches. these are
- the ordinary courts (civil and criminal)
- the administrative jurisdiction ,
- see administrative jurisdiction (Germany) . A completely independent administrative procedure code, adapted to the needs of administrative jurisdiction, has not yet been issued, which is why the procedural law of administrative jurisdiction is also called administrative court order and, where it does not contain any independent regulations, refers to the civil procedure code.
- the social jurisdiction ,
- see Social Court Act
- the financial jurisdiction and
- the labor jurisdiction
Rules of procedure in other countries
- Code of Civil Procedure:
- Criminal Procedure Codes
Arbitration
The Arbitration knows procedural rules, which are a Procedure same:
