Court structure and the legal profession : Germany :: Facts About Germany

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Court structure and the legal profession : Germany

There is a complex system of appeals which affords numerous possibilities for judicial review. There are two stages in the appeal procedure. In the first (Beru-fung), the case can be reviewed both as regards the facts and points of law, i.e. its merits. Thus at this level new evidence can still be introduced. In the second stage (Revision), however, the court will only consider whether the law has been properly applied and the essential procedural formalities observed.

In the Federal Republic of Germany there are approximately 20,000 professional judges, more than three quarters of whom are assigned to the ordinary courts. Most judges are appointed for life and in exercising their profession are bound only by the spirit and letter of the law.

At the local court level, most non-contentious legal proceedings are handled by judicial officers, who are not judges but rather higher intermediate-level civil servants in the judicial service. In several types of courts, lay judges sit with the professional judges. Their experience and specialized knowledge in certain fields, such as labor and welfare matters, enable them to help the courts make realistic decisions. They are also a manifestation of the citizen’s direct responsibility for the administration of justice.

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