The administrative courts are the local administrative courts, the higher administrative courts and the Federal Administrative Court. In these courts, individuals can have illegal administrative acts annulled. For example, numerous lawsuits have been filed in administrative tribunals by citizens against the government over the location and safety standards of nuclear power plants. The Federal Administrative Court is the highest administrative court. It is clear that the State can do a lot, can go very far, even to improve the quality of its citizens physically, mentally and morally; But individuals have certain fundamental rights that must be respected. The protection of the Constitution extends to everyone, both those who speak other languages and those born with English on their sleeves. Perhaps it would be very beneficial for everyone to understand our ordinary speech, but this cannot be imposed by unconstitutional methods – a desirable objective cannot be promoted by prohibited means. The Court`s jurisdiction focuses on constitutional issues and the conformity of all state institutions with the constitution. Constitutional amendments or amendments adopted by Parliament are subject to judicial review, as they must be compatible with the most fundamental principles of the Basic Law (the so-called “eternity clause”), namely the principles of human dignity, inalienable human rights, democracy, republicanism, social responsibility, federalism and separation of powers. Federal judges are chosen in camera by a state minister, members of the Bundestag and Land ministers (Art. 95 para. 2 Federal Constitution). Candidates do not have to be professional judges, but lawyers.
There are no public hearings and the identity of a candidate would not be disclosed to the public. The members of the judiciary of the Federal Constitutional Court are elected alternately by the Federal Chambers (Article 94 of the Federal Constitution). This decision, which requires a large majority, usually follows a political compromise. The public debate about candidates is very unusual. Aldermen are in fact short-term judges, politically appointed and not professional. With the exception of most crimes, for which the jurisdiction is a single professional judge, and serious political crimes, which are heard by a panel of professional judges, all charges are heard by mixed courts where lay judges sit alongside professional judges. [10] § 263 StPO requires a two-thirds majority for most decisions prejudicial to the accused; The denial of probation by a simple majority is an important exception. [10] In most cases, lay judges do not review documents directly in court and do not have access to records.
[11] and successfully completed grade eight. The information is based on “A Law on the Teaching of Foreign Languages in the State of Nebraska,” approved April 9, 1919, which follows [Laws 1919, c. 249.]: The Land of North Rhine-Westphalia has recently decided to make full use of this exception. It has established special chambers to hold hearings in English at the request of the parties. Since the beginning of 2010, these special chambers have been dealing with cross-border cases. Since the general rule that German is the only court language in Germany still applies, internationalization efforts stop here. The parties must submit their written observations in German and decisions will continue to be given in German. However, this pilot project is only the first step in a more ambitious initiative to make Germany the jurisdiction of choice for cross-border commercial disputes.
To this end, English must be established as the second official language of German courts. In this way, the initiative aims to bridge the growing gap between the position of intransigent German law, which imposes German on the parties as the sole language of the district court, and the simple truth that the language of business is mainly English. To this end, the Länder of North Rhine-Westphalia and Hamburg have drafted a bill to make English the second language of the district court. If this law were adopted, the procedure could, with the consent of both parties, take place in a transnational case before special chambers in English. Not only the hearing, but also the closing arguments, the court record and the verdict would be in English. Special chambers for international commercial affairs – each composed of one judge and two lay judges from the business community – would deal with such cases. The bill is in the process of legislative progress. Discussion at the German Bar The legislative initiative and pilot project of the Land of North Rhine-Westphalia aroused the scepticism of some German lawyers and were fully supported by others. Critics warn against euphoria. They are concerned that the bill will too easily abandon an old principle that exists for good reason. Important decisions, such as court decisions, should be made on the basis of the best understanding of all feasible facts and arguments.
To do this, it is necessary for the judge concerned to read the important documents in his mother tongue. Otherwise, there is no guarantee that translation errors will not cause miscarriages of justice. The social courts, organized into three levels, rule on the social security system, which includes unemployment benefits, workers` compensation and social security benefits. The Federal Social Court is the highest court of social law. ProblemLegal situationDiscussion in the German BarCommentProblemProblemIn German courts, the official language is German. In contrast, the language of business today is mainly English. Most international treaties are negotiated and drafted in English. In many cases, the parties are reluctant to agree on German jurisdiction. The non-German side often feels uncomfortable negotiating contractual relations in English before a German court in German. In addition, parties may be reluctant to spend the money needed to translate important documents such as large share purchase agreements into German to submit as evidence. For this reason, a large proportion of transnational disputes are conducted before English-speaking courts or arbitral tribunals.