Exploring the Structure and Function of the German Legal System

This report provides a comprehensive overview of the German legal system. It begins with country information, including Germany's governmental structure, constitution, and the distinction between civil and criminal law. The report then details the German court system, outlining the differe...Read More

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
COUNTRY INFORMATION.........................................................................................................1
Court system...............................................................................................................................3
Legal Profession..........................................................................................................................4
Law Enforcement in Germany ...................................................................................................5
Reflection....................................................................................................................................6
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................8

INTRODUCTION
National legal system comprises sources for taking decision relates to cases through
judge. The present report will discuss about German legal system with its country information,
court system and legal profession. Further it will discuss about law enforcement on basis of
policy and also given opinion on aspect of its legal system.
COUNTRY INFORMATION
Name: Germany
Organization: It has switched among confederal, federal and unitary rules, as German
Confederation was founded in year 1815. The confederation North German, succeeding Weimar
republic and German Empire were federations. It consists of 16 Federal states along with 13
diverse regions which ranges from Schleswing-Holstein in north to south in Bavaria.
Type of Government: Germany is democratic, parliamentary republic, federal where
legislative power were vested in Bundestag. It is referred as representative body of Lander
(Regional states). It is a form of government, where powers of central government are restricted
where its parts of component such as states, provinces and colonies has retained degree of
ultimate sovereign powers, self government and remaining with voters with option of different
governmental representatives1.
Constitution: Basic Law for Federal Republic
The federal states have presence of their own codified and written constitutions along
with minor practical significance, as it has been preceded over state laws. Disseminating
legislative, executive and judicial power is replicated as major principle of this constitution. It is
breached occasionally. Emergency power has been granted to its specific executives in limited
situations2.
Legal system
1 Government of Germany. 2018. [Online]. Available through :
<https://www.worldatlas.com/articles/what-type-of-government-does-germany-have.html>
2 Germany Constitution. 2016. [Online]. Available through :
<http://www.constitutionnet.org/country/constitutional-history-germany>
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Civil Law: In this legal context, various hearings and court dates are open for public. It is
directly intended for ensuring about courts which are supervised through public and prevented to
arbitrary proceedings. Different matters where party's confidentiality interest is directly deemed
for exceeding public's interest for instance family law matters are closed to public.
Criminal Law: In context of criminal law, hearings and various court dates in criminal
matter is open to public. In similar aspect, confidentiality is directly deemed for outweighing
initial rule to public access for purpose of proceedings of court. For instance, matters related to
national security or proceeding concerning to young generation3.
Religious, political and economic freedom: The political system is directly influenced
through totalitarian past of country along with constituting safeguards designed for preventing
with rule of authoritarian. The government of Germany is accountable on democratic aspect to
its voters who are free by support behind candidates which are preferred and parties associated to
undue influence with context of political choices. In context of economic exploitation, migrants
from Eastern Europe, Asia and Africa are targeted for forced labour and sex trafficking. Further,
Asylum seekers especially minors who are unaccompanied along with particular vulnerable on
basis of exploitation. Hence, Germany has presence of vibrant sphere of different associations
and NGOs who are operating freely. Trade union, business confederation and group of farmer
are free for organizing and plays important role for shaping economic model. It also does not
restrict any social freedom.
International legal context:
UN and international disputes: International treaties are referred as very effective for
transforming with context of national law through different legislative authorities. It comprises
United nation treaties. There is presence of exception on basis of general rules of international
customary law which is replicated as integral part of Federal law. The declaration of General
Assembly of UN are non binding suggestions and statements. There is no need for conversing its
declarations with context of national law. Hence, it is good neighbour to Germany.
Treaties signed:
3 Serebrennikova, A. V., & et.al., (2018). LEGAL COMPARATIVE ANALYSIS OF MAIN
SPECIFIC FEATURES OF TAX CRIMES IN RUSSIA AND GERMANY. TURKISH
ONLINE JOURNAL OF DESIGN ART AND COMMUNICATION. 8. 451-457.
2

WTO: Germany was member of WTO from 1st January 1995 as it is only internal
organization which is directly dealing with specific global rule of trade among different nations.
It main objective is for ensuring trade flow which is predictable, smooth and freely with its
possibility4.
CISG: While ratification of this convention, Germany has declared its absence in
applying on basis of any state which had declared its bounding. Further, it has advised about its
holding for reviewing parties to CISG and with no obligation of applying to provision with rules
private international law lead to its application of party. This declaration had not affected any
bounding.
Regional trade agreements: It is replicated as treaty among two or more government
which has defined rules of trade for each signatories. The examples are European Union where
Germany plays major role. It has provided description about multilateral and bilateral trade
agreements of this country party with combination of US5.
Court system
Trial courts
 Amtsgerichte: It is Germany's local court as it is form of the lowest level of ordinary
jurisdiction with responsibility of civil and criminal judicial matters. In this aspect it is
classified by Stratfrichter and Schoffengericht which are composed of 1 judge and 1, 2 or
2 lay judges respectively6.
Jurisdiction of Stratfricher: It consists of criminal offences where sentence is directly
expected to be less from 2 years.
Jurisdiction of Schoffengericht: It consists of criminal offences where sentence is
directly expected to be among 2 or 4 years.
4 Germany and the WTO. 2018. [Online]. Available through :
<https://www.wto.org/english/thewto_e/countries_e/germany_e.htm>
5 Regional trade agreements. 2018. [Online]. Available through :
<http://www.oecd.org/tad/benefitlib/regionaltradeagreements.htm>
6 Violanti, J. M. & et.al., (2018). Law enforcement suicide: a review. Policing: An
International Journal of Police Strategies & Management.
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 Landgerichte: This court is operated and established through single or different 16
Lander of Federal courts. This court is categorised as Staatsschutzkammer and
Writschaftsstrafkammer with 2 or 3 judges, 2 lay judges and 3 judges, 2 lay judges
respectively.
Jurisdiction of Staatsschutzkammer: The cases where sentences are expected for
exceeding 4 years and prosecutor decision for not trying Amtsgerichte and related to minor
political crimes.
Jurisdiction of Writschaftsstrafkammer: It is highly constituted Strakfkammer for
crime with outcome as economic crimes and death as well.
 Oberlandesgerichte: This is replicated as Germany's high court with 3 or 5 judges. Its
jurisdiction is related to very serious political crimes.
Apellate Courts
 Landgerichte: It is composed of 1 judge and 2 lay judges. With context of its
jurisdictions, its appeal for reviewing laws and facts through Amstgerichte.
 Oberlandesgerichte: It comprises 3 judges and jurisdiction aspect is appeal for mistake
of law through different decisions of Amtsgerichte.
 Bundesgerichtshof: This is a Federal court of justice along with 5 judges. On basis of its
jurisdictions, its appeal for error of law through trial decisions of Oberlandesgerichte and
Landgerichte.
Legal Profession
It is very useful for undertaking features of system in special focus prior to sharing their
best practices on regulation. On the basis of Germany regulation of legal profession, it is very
essential for observing some specialities of full community of legal professional along with
historical developments for achieving better understanding for present system7.
Prosecutor
Role and duties: It is an independent organ for criminal jurisdiction which is directly
structured in similar way from court. This has gained responsibility for leading preliminary
investigations reflecting prosecution case in criminal cases along with enforcing its convictions.
7 Ewald, C. (2018). Predatory Pricing in the Airline Industry as a Challenge to Competition
Law Enforcement: An Assessment of the Current Legal Practice in the US and Germany.
In Competition versus Predation in Aviation Markets (pp. 183-201). Routledge.
4

On the contrary of legislation, service of public prosecution is highly responsible for conducting
prosecutions on aspect of administrative offences. The public prosecutor should read its charge
with right to question on any witnesses or defendant. In ending of trial, final case must be
analysed by assessing legal and substantive facts for convicting defendant or indeed to extract
guilty or not.
Further, prosecutor must act impartially with consideration of incriminating evidence
with its favour. The office of public prosecutor is directly convinced with decision of court with
reviewing point of law or fact which might be lodged to appeal.
Reputation: The public prosecution is organised on hierarchical aspect. The offices of
public prosecution should follow various instructions of their superiors. There is huge
requirement for differentiating among competencies of the Lander and Federal government.
Qualification: First degree in law, clerkship with several stages to get necessary practical
skills, Written and oral examination such as Zweites Staatsexamen. The first law degree
comprises 70% of its final grade and other 30% is from university8.
Judge
Role and duties: Career or professional judges serve in regional or national courts. With
context of criminal proceedings, professional judges are combined with lay judges which are also
known as authorities for performing service is not paid salary. Lay judges participate in hearings
of local court and juvenile and criminal hearings at regional courts. These are entitled for
compensating loss of earnings and amounts determined through compensation and legal
remuneration act.
Reputation: the essential legislation for governing its profession of judge in regional and
national court is replicated as German Judges Act. More provisions are extracted in legislation at
land level. In the similar aspect, work of judges in Federal courts are supervised through various
federal ministry which are relevant.
Qualification: Two exams administered through states i.e. Lander. In this first exam
after university study and next is after state organized training (practical).
8 Sherr, A., Moorhead, R., & Sommerlad, H. (Eds.). (2018). Legal Education at the
Crossroads: Education and the Legal Profession. Routledge.
5

Law Enforcement in Germany
The Germany's law enforcement has gained responsibility of 16 states with presence of
various differences among them. Each agency of state police has presence of website with
appropriate interaction of citizens to extract information. Germany has classified its police as
local and regional. The serious crimes like grand theft, rape, assault and murder are dealt through
detectives who does not wear specific uniform The minor disturbances and traffic offense of
peace are handled through uniformed officer.
Generally, there are two main agencies on federal level which are Bundeskriminalamt
(BKA) and Bundespolizei (BPOL, Federal Police). The BKA is framed later from American FBI
as it is headquartered in Wisebaden. The counterfeiting, kidnapping, bank robbery and various
other federal crimes are handled through BKA. At state level, there is presence of
landeskriminalamt (LKA) which directly deals with various criminal activities in each state. It
has various other duties such as:
 Giving forces of counter terrorism.
 Providing services of coast guard
 Protection of building of federal governments
 Serving transportation security at international airports
 Providing huge support to international mission for EU and UN in Liberia, Afghanistan,
Sudan and different locations 9.
Reflection
I have selected Germany legal system as it is civilian system with presence of the highest
source law and its Basic law for Federal Republic serves highly to nation's constitution bas it set
up modern judiciary as it is primarily codal on basis of its nature. The Germany legal system is
fair as it operated in unique aspect as compared to Anglo and American systems along with legal
specialists are known on aspect of fair agreement. The main reason for fair legal economy as it
provides various safeguards for ensuring fairness about is trials and investigations.
CONCLUSION
From the above analysis of national legal system of Germany, it had been articulated that
it is following fair legal system because of clear view of trials and investigations. In the similar
9 Greene, J. (2018). A Private Law Court in A Public Law System. The Law & Ethics of
Human Rights. 12(1). 37-72.
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aspect, it has reflected various international legal context as they are involved in WTO and CISG
treaty.
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REFERENCES
Books and Journals
Ewald, C. (2018). Predatory Pricing in the Airline Industry as a Challenge to Competition Law
Enforcement: An Assessment of the Current Legal Practice in the US and Germany.
In Competition versus Predation in Aviation Markets (pp. 183-201). Routledge.
Greene, J. (2018). A Private Law Court in A Public Law System. The Law & Ethics of Human
Rights. 12(1). 37-72.
Serebrennikova, A. V., & et.al., (2018). LEGAL COMPARATIVE ANALYSIS OF MAIN
SPECIFIC FEATURES OF TAX CRIMES IN RUSSIA AND GERMANY. TURKISH
ONLINE JOURNAL OF DESIGN ART AND COMMUNICATION. 8. 451-457.
Sherr, A., Moorhead, R., & Sommerlad, H. (Eds.). (2018). Legal Education at the Crossroads:
Education and the Legal Profession. Routledge.
Violanti, J. M. & et.al., (2018). Law enforcement suicide: a review. Policing: An International
Journal of Police Strategies & Management.
ONLINE
Germany and the WTO. 2018. [Online]. Available through :
<https://www.wto.org/english/thewto_e/countries_e/germany_e.htm>
Germany Constitution. 2016. [Online]. Available through :
<http://www.constitutionnet.org/country/constitutional-history-germany>
Government of Germany. 2018. [Online]. Available through :
<https://www.worldatlas.com/articles/what-type-of-government-does-germany-have.html>
Religious trade agreements. 2018. [Online]. Available through :
<http://www.oecd.org/tad/benefitlib/regionaltradeagreements.htm>
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