Can a lawyer be a judge
Judges in Germany - job overview
The reasons for a judicial process are different and diverse. Regardless of whether in the context of Disputes with the landlord, in the field of labor law or after a Road traffic accident, once the fronts have hardened, the way is to a court and thus to you Judge often indispensable.
Many ask themselves: “What does one Judge at all in detail? ”What is behind that job profile of a judge, which one tasks belong and which ones requirements a judge must fulfill in order to be able to exercise his profession, you will find out in the following counselor.
The judge is the decision maker in court and ultimately makes the judgment. He is part of the judiciary.
Here you can read about the requirements you have to meet in order to become a judge.
You can read here what honorary judges are and when they are used.
Richter: What is the definition of the term?
First of all, the question should be clarified, what is under the Term "judge" can be understood at all. A judge is part of the Judiciary, so the judicial power in Germany. He takes either as a single judge or as a Member of a panel (Chamber or Senate) hold public office. He makes the judicial decisions in one pending proceedings. Proceedings are pending as soon as a lawsuit is filed Court arrives.
A judge always stands in one public service relationshipwhat the one Officials is similar to either Federation or one federal state.
Usually a Judge for life appointed. There is also the office of judge on time, on trial or by order.
He will be given one upon his appointment Certificate handed over, which results from § 17 paragraph 1 of German Judges Act (DRiG) results.
Who can be a judge?
A judge must certain requirements fulfill in order to be able to take up the employment relationship at all. These are in detail in Section 9 DRiG regulated. First there must be a judge German in the meaning of Article 116 of the Basic Law (short: GG) be.
Furthermore, a judge must always have the Guarantee offer for it, anytime for the free democratic basic order to stand within the meaning of the Basic Law.
In order to be able to perform the duties of a judge in the court, the Qualification for judicial office, which people in Germany who have completed the first and second state examination in law as well as with completion of the legal preparatory service have. These people are also called Fully qualified lawyers designated.
After all, in Section 9 DRiG regulated that a judge over the required social competence that the job requires.
In § 19a DRiG are those Official titles regulated for judges at the respective court. First, a judge is "on trial“Appointed. He uses the designation "Judge". After the probationary period has expired, the appointment as "Judge for life“.
The following Official titles are common in Germany today:
- Single judge or associate judges: Judges at the ... court (for example judges at the local court, judges at the social court, judges at the labor court, etc.)
- Presiding judge within a Arbitration body: Presiding judge at the ... court (for example presiding judge at the regional court)
- ladder one Local, labor or social court: Director of the ... court (for example, director of the local court)
- ladder of another court and head of one large first instance presidential court: President of the ... court (for example: President of the regional court)
- Permanent representatives of a President: Vice-President of the ... court (for example, Vice-President of the Regional Court)
- One with Administrative tasks entrusted judge: Further supervision of leading judges at the district court
Judge at the Federal Constitutional Court
The on Federal Constitutional Court active judges are distinguished by special knowledge and experience in the area of public law out. They have the official title "Judge of the Federal Constitutional Court". The Federal Constitutional Court (BVerfG for short) has its seat in Karlsruhe.
According to § 4 of the law on the Federal Constitutional Court (in short: Federal Constitutional Court Act - BverfGG) the following provisions apply to judges at the Federal Constitutional Court:
- Your term of office may a maximum of twelve years take a long time, but no longer than until Age limit of 68 years.
- A subsequent or later Re-election is excluded.
- The age limit is at End of monthin which the judge turns 68.
- Is the Term of office expired, judges conduct their official business until Appointment of a successor away.
Judge at the Federal Court of Justice
The selection of judges at the Federal Court of Justice (in short: BGH), also based in Karlsruhe, is through the Federal Minister of Justice and Consumer Protection together with one Judges Selection Committee performed.
The judges' selection committee belongs to Minister of Justice of the Länder as well as others 16 members elected by the Bundestag at. Candidates can be submitted by the Federal Minister of Justice or by members of the judges' selection committee be proposed.
The Minimum age for an appeal as a member of the BGH is with Completion of the 35th year of life reached. This follows from Section 125 Courts Constitution Act (short: GVG). Furthermore, the judge must the German citizenship have. The judges are elected in secret poll and with the Majority of votes. This is followed by an appointment by the Federal President.
European Court of Justice: Which judges are active here?
The European Court (short: ECJ) based in Luxembourg consists of each one judge per member state. On the one hand, these must independently and on the other hand those in their respective countries highest judicial qualification or from a "recognized outstanding ability" be.
The appointment the judge at the European Court of Justice is carried out by a unanimous decision of the governments of the Member States and after consulting a Expert Committee.
The term of office is six yearsre-election is possible. The latter arises from Article 253 of Treaty on the Functioning of the European Union (short: AEU).
The Half of the judges at the European Court of Justice newly appointed. The European Court of Justice is that supreme judicial body the European Union (short: EU).
As honorary judges those are designated that are not the Qualification for the office of judge have. In certain procedures they must attend the Participate in case law. Examples are the Lay judges in criminal proceedings or the honorary judges Labor or social courts called.
When proceeding to choice, appointment or vocation as honorary judges, women and men should be given appropriate consideration. This is expressly regulated in Section 44 (2) DRiG.
With the help of honorary judges, this is supposed to Trust in the judiciary be strengthened. After all, there is a "ordinary citizen" on the Judges bench. A judgment should be as close to life as possible.
The removal of an honorary judge before the end of his term of office can only take place in the legally standardized cases, such against his will only due to a court decision.
The independence of the judges
From the provisions of Article 97, Paragraph 1 of the Basic Law, Section 1 of the GVG and Section 25 of the DRiG, the principle of judicial independence. According to this, judges are only subject to the law.
It is guaranteed by the fact that those involved from judicial processes a neutral, impartial and independent judiciary facing.
When it comes to judicial independence, a distinction is made: On the one hand, judges are in factual, on the other hand in personal terms independently.
With the concept of factual independence is meant that a judge always not bound by instructions is. As Instruction Any kind of influence on a judicial decision applies, be it by a court president or by another person. How a judge makes his judgment always takes place independently of external influences. Not only Judge for lifebut also judges on trial or on time as well as honorary judges factually independent.
The concept of personal independence on the other hand means that a judge does not against his will out of office dismiss will and / or offset can be. The personal independence in contrast to the factual possess exclusively Judge for life.
Limits to the independence of judges
The judicial independence finds her Limits in the tasks of Court administration or judicial administration. In addition, it does not release the judge from his commitment to that applicable law. Judicial independence is also not a possible one liability because of Breaches of official duty or against a service supervision.
A Service supervision against a judge is basically possible, as far as this is not just about the independence relates. For example, it is permissible to appoint a judge to a appropriate manners or for punctual appearance to stop.
Affects the Service supervision however the Core area the judicial independence such as the Judgments and decisions of a judge, this is not permitted.(31 Ratings, average: 4,65 of 5)
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