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The courts are characterized by being specialist, regional, and hierarchically integrated at the federal level. [3] There are five basic types of courts, plus the Federal Constitutional Court and the Länder's constitutional courts: [3] Ordinary courts, dealing with criminal and most civil cases.
Although all German courts are empowered to review the constitutionality of governmental action within their jurisdiction, the Federal Constitutional Court is the only court that may declare statutes unconstitutional under the Basic Law; the Länder (states) have their own constitutional courts.
- The Editors of Encyclopaedia Britannica
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)
Criminal trials in Germany are conducted in front of three (or two depending on the complexity of the case) professional judges and always two lay judges (jurors); all judges hearing the case have the same vote and there is a 2/3 requirement for all decisions that are negative for a defendant, e.g. guilty vs. not guilty or a higher punishment ...
According to the German Constitution, there are courts on the federal level which are the Federal Constitutional Court and five federal supreme courts, this is to say. 1. the Federal Court of Justice (Bundesgerichtshof) 2. the Federal Labour Court (Bundesarbeitsgericht) 3. the Federal Social Court (Bundessozialgericht)
as the appellate court. Due to the federal structure of Germany, these lower courts are subject to the organisational authority of the constituent states. However, the Federal Court of Justice is a Federal Court. In terms of organisation, it is subordinate to the Federal Ministry of Justice. Apart from ordinary jurisdiction there are
The Federal Court of Justice has a president and a presidium. The president of the Federal Court of Justice is a regular judge of the court who has been proposed for this additional role by the Federal Minister of Justice and has been so appointed by the Federal President of Germany.
