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The German Judiciary Act

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Übersetzung durch Brian Duffett und Ute Reusch.

Translation provided by Brian Duffett and Ute Reusch.

Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 9 des Gesetzes vom 5.2.2009 (BGBl. I S. 160)

Version information: The translation includes the amendment(s) to the Act by Article 9 of the Act of 5.2.2009 (Federal Law Gazette I p. 160)

© 2012 juris GmbH, Saarbrücken

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