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Federal Court Of Justice
The Federal Court of Justice ( , ) is the highest court of Private law, civil and Criminal law, criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, ''de facto'' the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be Vacated judgment, vacated by the Federal Constitutional Court of Germany, Federal Constitutional Court for violating a provision of the German constitution, the Basic Law for the Federal Republic of Germany, Basic Law. In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as Examining magistrate, investigating judges in criminal investigations led by the Public Prosecutor General (Germany), Public Prosecutor Gene ...
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Basic Law Of Germany
The Basic Law for the Federal Republic of Germany () is the constitution of the Germany, Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (, ) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application ()—that is, the states that were initially included in the West Germany, Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Treaty on the Final Settlement with Respect to Germany, Two Plus Four Agreement between the two parts of Germany and all four Allies stipulated the ...
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Crimes Against Humanity
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals.Margaret M. DeGuzma"Crimes Against Humanity"''Research Handbook on International Criminal Law'', Bartram S. Brown, ed., Edgar Elgar Publishing, 2011. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution (where universal jurisdiction is recognized). The first prosecution for crimes against humanity took place during the Nuremberg trials against defeated leaders of Nazi Germany. Crimes against humanity have been prosecuted by other international courts (such as the International Criminal Tribunal for the former Yugosl ...
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Holy Roman Empire
The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium until its Dissolution of the Holy Roman Empire, dissolution in 1806 during the Napoleonic Wars. For most of its history the Empire comprised the entirety of the modern countries of Germany, Czechia, Austria, the Netherlands, Belgium, Switzerland, Slovenia, and Luxembourg, most of north-central Italy, and large parts of modern-day east France and west Poland. On 25 December 800, Pope Leo III crowned the Frankish king Charlemagne Roman emperor, reviving the title more than three centuries after the fall of the Western Roman Empire in 476. The title lapsed in 924, but was revived in 962 when Otto I, OttoI was crowned emperor by Pope John XII, as Charlemagne's and the Carolingian Empire's successor. From 962 until the 12th century, the empire ...
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Reichskammergericht
The ; ; ) was one of the two highest judicial institutions in the Holy Roman Empire, the other one being the Aulic Council in Vienna. It was founded in 1495 by the Imperial Diet in Worms. All legal proceedings in the Holy Roman Empire could be brought to the Imperial Chamber Court, except if the ruler of the territory had a so-called '' privilegium de non appellando'', in which case the highest judicial institution was found by the ruler of that territory (though the privilege could be bypassed if a litigant could claim they had been denied due process). Another exception was criminal law in which the Imperial Chamber Court could intervene only if basic procedural rules had been violated. The Imperial Chamber Court was infamous for the long time that it took to reach a verdict. Some proceedings, especially in lawsuits between different states of the Empire, took several hundred years. Some of the lawsuits had not been brought to an end when it was dissolved in 1806 following t ...
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Saxony
Saxony, officially the Free State of Saxony, is a landlocked state of Germany, bordering the states of Brandenburg, Saxony-Anhalt, Thuringia, and Bavaria, as well as the countries of Poland and the Czech Republic. Its capital is Dresden, and its largest city is Leipzig. Saxony is the List of German states by area, tenth largest of Germany's sixteen states, with an area of , and the List of German states by population, sixth most populous, with more than 4 million inhabitants. The term Saxony (other), Saxony has been in use for more than a millennium. It was used for the medieval Duchy of Saxony, the Electorate of Saxony of the Holy Roman Empire, the Kingdom of Saxony, and twice for a republic. The first Free State of Saxony was established in 1918 as a constituent state of the Weimar Republic. After World War II, it was under Soviet occupation before it became part of communist East Germany and was abolished by the government in 1952. Following German reunificat ...
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Baden-Württemberg
Baden-Württemberg ( ; ), commonly shortened to BW or BaWü, is a states of Germany, German state () in Southwest Germany, east of the Rhine, which forms the southern part of Germany's western border with France. With more than 11.07 million inhabitants across a total area of nearly , it is the third-largest German state by both List of German states by area, area (behind Bavaria and Lower Saxony) and List of German states by population, population (behind North Rhine-Westphalia and Bavaria). The List of cities in Baden-Württemberg by population, largest city in Baden-Württemberg is the state capital of Stuttgart, followed by Mannheim and Karlsruhe. Other major cities are Freiburg im Breisgau, Heidelberg, Heilbronn, Konstanz, Pforzheim, Reutlingen, Tübingen, and Ulm. Modern Baden-Württemberg includes the historical territories of Baden, Prussian Province of Hohenzollern, Hohenzollern, and Württemberg. Baden-Württemberg became a state of West Germany in April 1952 through ...
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Federal Social Court
The Federal Social Court (, ) is the German federal court of appeals for social security cases, mainly cases concerning the public health insurance, long-term care insurance, pension insurance and occupational accident insurance schemes. Trial courts for these cases are the ''Sozialgerichte'' (Social Courts). Appeals against decisions of these courts are heard by the ''Landessozialgerichte'' (Superior State Social Courts), before the cases may wind up at the ''Bundessozialgericht''. The ''Bundessozialgericht'' is located in the city of Kassel. History The Federal Social Court was founded on 11 September 1954 and its first session was on 23 March 1955. Function The Federal Social court hears appeals against decisions of the Landessozialgerichte (Superior State Social Courts) or in special circumstances against decisions of the Sozialgerichte. Organisation The Chambers of the Federal Social Court are called ''Senat''. They each consist of 3 Judges and 2 lay judges. The c ...
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Federal Labour Court
The Federal Labour Court ( , BAG ) is the court of the last resort for cases of labour law in Germany, both for individual labour law (mostly concerning contracts of employment) and collective labour law (e.g. cases concerning strikes and collective bargaining). The court hears cases from the ''Landesarbeitsgerichte'' (Superior State Labour Courts), which, in turn, are the courts of appeals against decisions of the ''Arbeitsgerichte'' (Inferior State Labour Courts). The ''Bundesarbeitsgericht'' is located in the city of Erfurt. History and seat Labor jurisdiction was not completely separated from ordinary jurisdiction until after World War II. The Basic Law, which came into force in 1949, provided in Article 96 (1), which corresponds in principle to today's Article 95 (1), for labor jurisdiction as an independent branch of the legal system with its own supreme court. This constitutional provision was implemented by the Labor Court Act, which entered into force on October 1, 1 ...
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Federal Fiscal Court
The Federal Fiscal Court ( ; abbreviated ) is one of five federal supreme courts of Germany, established according to Article 95 of the Basic Law. It is the federal court of appeal for tax and customs matters in cases which have already been heard by the subordinate instance, namely the Fiscal Courts. The Federal Fiscal Court was established in 1950 (succeeding the Supreme Fiscal Court of the German Empire (the , established in 1918). The court has its seat in Munich. List of presidents of the Federal Fiscal Court Gallery BFinanzhof Muenchen-01.jpg, ''Federal Fiscal Court Building'' in Munich References Bibliography * External links * * Information in English from the Federal Fiscal Court {{DEFAULTSORT:Federal Fiscal Court Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent s ...
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Federal Administrative Court (Germany)
The Federal Administrative Court (, , BVerwG) is one of the five federal supreme courts of Germany. It is the court of the last resort for generally all cases of administrative law, mainly disputes between citizens and the state. It hears appeals from the ''Oberverwaltungsgerichte'', or Superior Administrative Courts, which, in turn, are the courts of appeals for decisions of the ''Verwaltungsgerichte'' (administrative courts). However, cases concerning social security law belong to the jurisdiction of the ''Sozialgerichte'' (Social Courts) with the Bundessozialgericht as federal court of appeals, and cases of tax and customs law are decided by the ''Finanzgerichte'' ( Fiscal Courts), and, ultimately, by the Bundesfinanzhof. The ''Bundesverwaltungsgericht'' has its seat at the former Reichsgericht (Imperial Court of Justice) building in Leipzig's district Mitte. History The Federal Administrative Court was established on the basis of Article 95 (1) of the Basic Law by A ...
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Judiciary Of Germany
The judiciary of Germany is the system of courts that interprets and applies the law in Germany. The German legal system is a civil law (legal system), civil law mostly based on a comprehensive compendium of statutes, as compared to the common law systems. In criminal and administrative law, Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor or plaintiff and the defendant or Defense (legal), defense counsel. In Germany, the independence of the judiciary is historically older than democracy. The organisation of courts is traditionally strong, and almost all federal and state actions are subject to judicial review. Judges follow a distinct career path. At the end of their legal education at university, all law students must pass a state examination before they can continue on to an apprenti ...
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Federal Courts (Germany)
In Germany, federal courts ( , singular ) are courts which are established by federal law. According to article 92 of the Basic Law for the Federal Republic of Germany, the judiciary power is exercised by the Federal Constitutional Court, the federal courts provided for in the Basic Law, and the courts of the Länder ( ''Landesgerichte''). The federal courts are: *Supreme courts, mandated by article 95 of the Basic Law **Federal Court of Justice (supreme court of ordinary jurisdiction) ** Federal Administrative Court (supreme court of administrative jurisdiction) ** Federal Fiscal Court (supreme court of financial jurisdiction) ** Federal Labour Court (supreme court of labour jurisdiction) ** Federal Social Court (supreme court of social jurisdiction) *Other courts, created under article 96 of the Basic Law ** Federal Patent Court, a court of ordinary jurisdiction ** and , courts of administrative jurisdiction for disciplinary proceedings against members of the Bundeswehr It is al ...
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