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German Judiciary Act

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Übersetzung durch Brian Duffett und Ute Reusch

Translation provided by Brian Duffett and Ute Reusch

© 2010 juris GmbH, Saarbrücken
 

FIRST PART
Judicial office in the Federation and Länder
First Chapter
Introductory provisions
Section 1 Professional and honorary judges
Section 2 Application to professional judges
Section 3 Service employer
Section 4 Incompatible duties
Second Chapter
Qualification for judicial office
Section 5 Qualification for judicial office
Section 5a University studies
Section 5b Preparatory training
Section 5c Account taken of training for the higher intermediate service
Section 5d Examinations
Section 6 Recognition of examinations
Section 7 University professors
Third Chapter
Judicial tenure
Section 8 Legal forms of judicial service
Section 9 Preconditions for appointments
Section 10 Appointment for life
Section 11 Appointment for a specified term
Section 12 Appointment on probation
Section 13 Employment of a judge on probation
Section 14 Appointment as a judge by commission
Section 15 Effects on civil service tenure
Section 16 Duration of employment as a judge by commission
Section 17 Appointment by deed
Section 17a
Section 18 Nullity of an appointment
Section 19 Revocation of an appointment
Section 19a Official designations
Section 20 General seniority
Section 21 Dismissal from service
Section 22 Dismissal of a judge on probation
Section 23 Dismissal of a judge by commission
Section 24 Termination of service by judicial decision
Fourth Chapter
Independence of the judiciary
Section 25 Basic principle
Section 26 Supervision of service
Section 27 Conferment of a judicial office
Section 28 Court staffing with judges for life
Section 29 Court staffing with judges on probation, judges by commission and judges on secondment
Section 30 Transfer and discharge from office
Section 31 Transfer in the interests of the administration of justice
Section 32 Changes in the organisation of the courts
Section 33 Retention of full salary
Section 34 Retirement on account of unfitness for service
Section 35 Provisional prohibition from carrying out official duties
Section 36 Membership of a parliamentary body or government
Section 37 Secondment
Fifth Chapter
Special duties of a judge
Section 38 Judicial oath
Section 39 Maintenance of independence
Section 40 Arbitrators and conciliators
Section 41 Expert legal opinion
Section 42 Additional activities in the administration of justice
Section 43 Secrecy of deliberations
Sixth Chapter
Honorary judges
Section 44 Appointment and termination of appointment in respect of honorary judges
Section 44a Obstacles to appointment as honorary judge
Section 44b Termination of appointment of honorary judges
Section 45 Independence and special duties of an honorary judge
Section 45a Designations used for honorary judges
SECOND PART
Judges in federal service
First Chapter
General provisions
Section 46 Application of federal civil service law
Section 47 Federal Personnel Committee in matters concerning judges
Section 48 Retirement
Section 48a Limitation of service and leave for family reasons
Section 48b Leave for reasons relating to labour market conditions
Section 48c Part-time employment
Section 48d Part-time employment, leave and professional advancement
Second Chapter
Representation of judges
Section 49 Council of judges and council for judicial appointments
Section 50 Composition of the council of judges
Section 51 Election of the council of judges
Section 52 Duties of the council of judges
Section 53 Joint duties of the council of judges and the body representing staff
Section 54 Formation of the council for judicial appointments
Section 55 Duties of the council for judicial appointments
Section 56 Initiation of participation
Section 57 Opinion of the council for judicial appointments
Section 58 Conduct of business, legal status of members
Section 59 Judges on secondment
Section 60 Recourse to the courts in matters concerning the representation of judges
Third Chapter
Federal Service Court
Section 61 Constitution of the service court
Section 62 Jurisdiction of the Federal Service Court
Section 63 Disciplinary proceedings
Section 64 Disciplinary measures
Section 65 Transfer proceedings
Section 66 Scrutiny proceedings
Section 67 Operative provisions of a judgment in scrutiny proceedings
Section 68 Suspension of proceedings
Fourth Chapter
Judges of the Federal Constitutional Court
Section 69 Limited application of this Act
Section 70 Federal judges serving as judges of the Federal Constitutional Court
THIRD PART
Judges in the service of a Land
Section 71 Application of the Act on the Status of Civil Servants
Section 71a Application of the Civil Servants' Pensions Act
Section 72 Formation of councils of judges
Section 73 Duties of the council of judges
Section 74 Formation of the council for judicial appointments
Section 75 Duties of the council for judicial appointments
Section 76 Retirement age
Section 76a Part-time employment
Section 77 Establishment of service courts
Section 78 Jurisdiction of a service court
Section 79 Instances
Section 80 Appeal on points of law in transfer proceedings and in scrutiny proceedings
Section 81 Admissibility of an appeal on points of law in disciplinary proceedings
Section 82 Appeal on points of law in disciplinary proceedings
Section 83 Procedural provisions
Section 84 Constitutional judges
FOURTH PART
Transitional and concluding provisions
First Chapter
Amendment to federal law
Sections 85 to 103
Section 104 Reference to repealed provisions
Second Chapter
Transformation of legal relationships
Section 105 Transitional provisions in respect of judges for life and judges for a specified term
Section 106 Transitional provisions in respect of judges on probation, judges by commission and judges on secondment
Section 107 (Repealed)
Section 108 (Repealed)
Section 109 Qualification for judicial office
Section 110 Qualification for higher administrative service
Section 111 Presidents of the labour courts and social courts
Section 112 Recognition of foreign examinations
Section 112a Certification of equivalence for admission to judicial preparatory training
Sections 113 to 118 (Repealed)
Third Chapter
Concluding provisions
Section 119 (Repealed)
Section 120 Technical members of the Federal Patent Court
Section 120a Special provisions concerning official designations
Section 121 Judges in federal service as members of the legislative body of a Land
Section 122 Public prosecutors
Section 123 Staffing of professional disciplinary tribunals for practising lawyers
Section 124 Career change
Section 125 (Repealed)
Section 126 Entry into force
Annex Extract from the Unification Treaty, Annex I Chapter III A, Parts III and IV
Part III
Part IV