Germany, Law

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Summary

Germany (; ), officially the Federal Republic of Germany (, ), is a federal parliamentary republic in western-central Europe consisting of 16 constituent states, which retain limited sovereignty. Its capital city and largest city is Berlin. Germany covers an area of and has a largely temperate seasonal climate. With 80.6 million inhabitants, it is the most populous member state in the European Union. Germany is a major economic and political power of the European continent and a historic leader in many cultural, theoretical and technical fields.

Details

Germany has a civil law system based on Roman law with some references to Germanic law. The Bundesverfassungsgericht (Federal Constitutional Court) is the German Supreme Court responsible for constitutional matters, with power of judicial review. Germany's supreme court system, called Oberste Gerichtshöfe des Bundes, is specialised: for civil and criminal cases, the highest court of appeal is the inquisitorial Federal Court of Justice, and for other affairs the courts are the Federal Labour Court, the Federal Social Court, the Federal Finance Court and the Federal Administrative Court. The Völkerstrafgesetzbuch regulates the consequences of crimes against humanity, genocide and war crimes, and gives German courts universal jurisdiction in some circumstances.

Criminal and private laws are codified on the national level in the Strafgesetzbuch and the Bürgerliches Gesetzbuch respectively. The German penal system is aimed towards rehabilitation of the criminal and the protection of the general public. Except for petty crimes, which are tried before a single professional judge, and serious political crimes, all charges are tried before mixed tribunals on which lay judges (') sit side by side with professional judges.

Many of the fundamental matters of administrative law remain in the jurisdiction of the states, though most states base their own laws in that area on the 1976 Verwaltungsverfahrensgesetz (Administrative Proceedings Act) covering important points of administrative law. The Oberverwaltungsgerichte are the highest level of administrative jurisdiction concerning the state administrations, unless the question of law concerns federal law or state law identical to federal law. In such cases, final appeal to the Federal Administrative Court is possible.

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External Links

  • WikipediaGermany profilewww.deutschland.deDeutsche WelleGermanyFacts about GermanyDestatis.de

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