German Jurisdiction

German Jurisdiction, especially labor jurisdiction.

There are numerous disputes in which courts in Germany must clarify the facts of individual cases. To handle this, the 1085 courts in Germany which operate at both federal and state level for different areas must be well structured and organized.

Five branches of jurisdiction

Germany has five independent branches of jurisdiction.

• Ordinary jurisdiction

• Labor jurisdiction

• Social jurisdiction

• Administrative jurisdiction

• Fiscal jurisdiction

Each branch has a federal supreme court. This federal supreme court is the highest instance of the respective branch. In all branches not only professional judges but also lay judges serve. They assist in decision making at all instances and have equal voting rights with professional judges.

Levels of appeal in German courts

All branches share the feature that within a branch there are several instances which means the courts are subdivided. Most branches have a three tier structure.The hierarchy of court proceedings can be navigated by filing various legal remedies and serves legal protection since decisions can be reviewed by a higher instance. However there is no automatic right to a second court proceeding. Access to a higher instance is only possible if the requirements for a legal remedy are met.

Ordinary jurisdiction

Ordinary jurisdiction comprises civil justice criminal justice and voluntary jurisdiction. Civil justice covers civil disputes that is legal conflicts between two or more private persons. Criminal justice concerns the enforcement of the state’s penal claim against offenders who have committed criminal acts and thereby violated important general legal interests. Voluntary jurisdiction also called preventive administration of justice includes guardianship land register probate and registry matters.Courts of ordinary jurisdiction are the Local Courts District Courts Higher Regional Courts and as the highest instance the Federal Court of Justice in Karlsruhe.

Administrative jurisdiction

Administrative jurisdiction primarily governs disputes between private individuals and public authorities. It covers for example

• Police law

• Building and planning law

• Road and traffic law

• Civil service law

• School and higher education law

• Immigration and asylum law

• Environmental and nature conservation law

General administrative jurisdiction consists of Administrative Courts Higher Administrative Courts and as the highest instance the Federal Administrative Court in Leipzig.Certain disputes must by statute be heard before special administrative courts such as the fiscal and social courts.

Fiscal jurisdiction

Fiscal courts as special administrative courts primarily handle disputes concerning taxes and federal levies usually between taxpayers and the tax office.Fiscal jurisdiction includes the Fiscal Courts at state level and as the highest instance the Federal Fiscal Court in Munich.

Social jurisdiction

Social courts are also special administrative courts. They are mainly responsible for disputes in the following areas

• Basic income support for job seekers

• Social assistance

• Asylum seekers benefits

• Statutory accident pension and health insurance including panel physician law

• Employment promotion

• Soldiers benefits

• Child benefit

• Rehabilitation and participation of persons with disabilities

Social jurisdiction consists of Social Courts Higher Social Courts and as the highest instance the Federal Social Court in Kassel.

Labor jurisdiction

Labor courts decide disputes arising from employment relationships and in matters of workplace constitution law. They also decide disputes between parties to collective agreements or between such parties and third parties. Disputes from employment relationships may include claims for wages or continued pay during illness and may also concern damages dismissal vacation and similar matters. Collective labor law is at issue when the content and validity of collective agreements the lawfulness of strikes and lockouts or other matters of the workplace constitution are concerned.The legal basis for labor jurisdiction is the Labor Courts Act ArbGG and provisions of the Code of Civil Procedure ZPO. It has three tiers and is exercised by

• Labor Courts at state leve

• Higher Labor Courts at state level

• The Federal Labor Court in Erfurt as the highest instance

Courts of labor jurisdiction decide on the admissibility of the chosen legal path to them and may refer a case to another legal path.

Labor Courts first instance

Labor Courts sit with one professional judge as presiding judge and one lay judge each from the employees and the employers. Before the Labor Court parties may appear in person or be represented for example by a representative of their trade union or by a lawyer. Parties may appear at the hearing with advisers.

Higher Labor Courts second instance

Higher Labor Courts hear appeals against judgments of Labor Courts and complaints against their orders. As with Labor Courts the panels consist of one presiding professional judge and two lay judges one representing employees and one representing employers. Before the Higher Labor Court parties must as a rule be represented by authorized counsel. Apart from lawyers only trade unions and associations of employers are admitted as representatives.

Federal Labor Court third instance

The Federal Labor Court the highest instance in labor jurisdiction is located in Erfurt. It has ten senates each composed of three professional judges one presiding and two associate judges and two lay judges from the ranks of employers and employees. The Federal Labor Court hears among other matters appeals on points of law against judgments and legal complaints against orders of the Higher Labor Courts. Parties are represented before the Federal Labor Court by a lawyer as counsel in certain cases also by a representative of a trade union or an employers association.

Labor jurisdiction types of proceedings

Labor jurisdiction distinguishes between the following procedures

• Judgment proceedings. In judgment proceedings the labor courts have jurisdiction over civil disputes. These are usually individual rights cases between employers and employees concerning matters from employment relationships and between employers associations and trade unions.

• Order proceedings. Collective law disputes are decided in order proceedings. These involve disputes arising under the Works Constitution Act the Speakers Committee Act codetermination laws and decisions on the capacity and competence of associations to conclude collective agreements.

• Preliminary injunction. Where particular urgency exists interim legal protection may be sought in labor court proceedings by means of a preliminary injunction.

Labor jurisdiction special features in judgment proceedings

• Court fees are lower than in civil jurisdiction. In the first instance the prevailing party has no claim to reimbursement of the costs for its legal representative.

• A conciliation hearing is scheduled in the first instance. This means that before the oral hearing aimed at amicable settlement there is a conciliation hearing unless an attempt to settle has already taken place before an extrajudicial conciliation body or a conciliation hearing is clearly futile.

• Proceedings in all instances must always be expedited no judicial vacations some deadlines are shortened.

• Judgments of Labor Courts and Higher Labor Courts are provisionally enforceable even without special declaration.

• Remedies

a) Appeals to the Higher Labor Court are available against judgments of the Labor Courts when the appeal has been allowed by the Labor Court when the amount in dispute exceeds 600 euros or in disputes concerning the existence or termination of employment relationships. A direct appeal on points of law to the Federal Labor Court is also possible in certain cases.

b) Against judgments of the Higher Labor Courts a further appeal on points of law decided by the Federal Labor Court is permissible when the Higher Labor Court has allowed it for a reason listed in the Labor Courts Act or when the Federal Labor Court allows it upon a complaint against denial of leave to appeal.