Website: www.bundesgerichtshof.de
The Federal Court of Justice of Germany (Bundesgerichthof, BGH) is the highest civil and criminal court in the German judicial system. As one of the five federal courts of final appeal, it holds a crucial position within the German legal system. Established in 1950, the Federal Court of Justice is headquartered in Karlsruhe, with a branch office in Leipzig. Its official website, www.bundesgerichtshof.de , provides the public with a wealth of legal information and resources.
Historical background of the German Federal Supreme Court
The history of the Federal Supreme Court of Germany dates back to the end of World War II. With the collapse of the Nazi regime, the German judicial system underwent comprehensive reform and reconstruction. In 1950, the Federal Supreme Court of Germany was formally established, becoming the highest judicial body of the newly formed Federal Republic. Its establishment marked the restoration of judicial independence and the reconstruction of a rule-of-law state in Germany.
In its early days, the German Federal Court of Justice primarily handled civil and criminal cases involving federal law. Over time, its jurisdiction expanded to encompass more legal areas. Today, the German Federal Court of Justice is not only the highest judicial body in Germany but also one of the most respected judicial institutions in Europe and globally.
Functions and Responsibilities of the Federal Court of Justice of Germany
The primary function of the German Federal Supreme Court is to hear final appeals in civil and criminal cases. As the court of final appeal, its judgments have ultimate legal effect and cannot be appealed. The responsibilities of the German Federal Supreme Court include, but are not limited to, the following:
- To hear appeals in civil and criminal cases involving federal law.
- Interpreting and applying federal laws to ensure uniformity and consistency of law.
- Adjudicate cases involving constitutional issues to ensure the implementation of constitutional principles.
- Adjudicate cases involving international and EU law to ensure the consistency of German law with international and EU law.
- Adjudicate cases involving intellectual property, commercial law, and competition law to protect market economic order.
The judgments of the German Federal Supreme Court are not only legally binding on the parties involved, but also provide guidance for lower courts. Through adjudicating cases, the German Federal Supreme Court not only upholds the fairness and authority of the law, but also promotes its progress and development.
Organizational structure of the German Federal Court of Justice
The Federal Supreme Court of Germany is composed of multiple courts, each responsible for hearing specific types of cases. Currently, the Federal Supreme Court has 12 civil courts and 5 criminal courts. Each court consists of multiple judges who are responsible for hearing and adjudicating cases.
Judges of the Federal Supreme Court of Germany are appointed by the Federal Judges Election Committee (Richterwahlausschuss) for life. The appointment of judges is based on their professional competence and ethical character, ensuring judicial independence and impartiality. The Chief Justice of the Federal Supreme Court is appointed by the Federal President and is responsible for leading and managing the day-to-day affairs of the court.
In addition to the trial courts, the German Federal Supreme Court also has several other courts.
