Rule of Law
Constitutional states are distinguished by the division of powers and the binding of the state authority to the law and the constitution.
In terms of functions, it is differentiated between the legislative, the executive and the judiciary. These functions are assigned to independent state organs (parliaments, government, courts). According to the Basic Law, all state organs, including the legislators, are subject to the constitutional order. Administrative authorities and courts are subject to law. The state is not only obliged to respect, but also to protect human dignity (Art. 1 Basic Law). Individuals are guaranteed basic rights that they can cite against the state. If somebody feels that the state has violated their basic rights, they can take legal action to the extent of making a constitutional complaint, i.e. a decision made by an administrative authority can be scrutinised by independent courts.
The jurisdiction in Germany comprises five branches:
- The courts of "general jurisdiction", such as the "Amtsgerichte" (local courts), are responsible for criminal and civil matters including marriage and family matters.
- The labour courts are responsible for disputes ensuing from the employer-employee relationship.
- The administrative courts are responsible for all public law processes concerning administrative law.
- The social courts hold jurisdiction in disputes concerning all social insurance matters.
- Fiscal courts deal with matters concerning tax and duties.
Court rulings in Germany are made by independent professional judges. Most judges are appointed for life and their rulings are only subject to law.
Public prosecutors act in criminal proceedings. They are responsible for determining and clarifying the facts of a case when it is suspected that a crime has been committed.
As independent advisors and representatives, lawyers act in a freelance capacity in all legal matters. Their payment is determined in accordance with a system of fixed fees. People on low incomes can receive legal aid.
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