The legal system of Germany
The archetypal modern civil-law system, built on comprehensive codes — the BGB for private law, the StGB for crime — and a constitutional court whose jurisprudence shapes every field. Sixteen Länder hold substantial legislative and judicial competence.
Legal tradition
Germany belongs to the civil law tradition. The archetypal modern civil-law system, built on comprehensive codes — the BGB for private law, the StGB for crime — and a constitutional court whose jurisprudence shapes every field. Sixteen Länder hold substantial legislative and judicial competence.
How power is divided
Rechtsstaat separation of powers with an unusually strong Federal Constitutional Court that can annul statutes and hear individual constitutional complaints.
Where law comes from
- Grundgesetz
- Supreme constitutional norm.
- EU law
- Directly applicable and, in its field, takes precedence.
- Federal codes and statutes
- BGB, StGB, HGB, ZPO, StPO, AO and more.
- Länder law
- Education, policing, culture and municipal matters.
- Ordinances
- Rechtsverordnungen issued under statutory authorisation.
The legal profession
Two state examinations plus a two-year Referendariat produce the unified jurist qualified as Rechtsanwalt, judge, prosecutor or notary.
Law by topic in Germany
- Business & CorporateGmbH formation through notarial deed and commercial registerThe GmbH is the standard private company, requiring €25,000 share capital with at least half paid in. Formation runs through a notary and entry in the Handelsregister.
- Data Protection & PrivacyGDPR with strict German additions on employee dataThe GDPR applies directly, supplemented by the BDSG. Germany layers on works-council involvement and a lower threshold for appointing a data protection officer.
- Human RightsBasic Law fundamental rights and the ECHR at statutory rankThe catalogue of fundamental rights in Articles 1-19 binds all state power directly. The ECHR ranks as ordinary federal law but is used by the Constitutional Court to interpret the Basic Law.
- Immigration & NationalityThe Residence Act, EU free movement and the Skilled Immigration ActImmigration is governed by the Aufenthaltsgesetz. EU citizens enjoy free movement; others need a residence title, with the reformed Skilled Immigration Act and the EU Blue Card easing entry for qualified workers.
- Property & LandA conclusive Grundbuch and the abstraction principleOwnership is proved by the Grundbuch land register, which good-faith buyers can rely on. German law separates the sale contract from the transfer of title (the abstraction principle), and both need notarisation.
- Family LawCivil marriage for all since 2017 and statutory equalisation on divorceThe BGB governs family law, with civil marriage open to same-sex couples since 2017. Divorce generally follows a one-year separation, and pension rights and accrued gains are equalised between spouses.
- Criminal LawThe StGB, the legality principle and public prosecutorsCriminal law rests on the Strafgesetzbuch and the legality principle, which obliges prosecutors to pursue every sufficiently suspected offence. There is no jury; lay judges (Schöffen) sit alongside professionals.
- Tax LawWorldwide taxation, 19% VAT and a solidarity surchargeResidents are taxed on worldwide income under the Einkommensteuergesetz on a progressive scale, collected via the Finanzamt. Standard VAT is 19% (7% reduced), and corporations pay corporate tax plus trade tax.
- Constitutional LawThe Basic Law, an eternity clause and individual constitutional complaintThe Grundgesetz of 1949 places human dignity first and makes it unamendable. Any person may bring a constitutional complaint to the Federal Constitutional Court after exhausting other remedies.
- Civil ProcedureThe ZPO, value-based jurisdiction and statutory costs that follow the eventThe Zivilprozessordnung allocates first-instance civil claims by value: the Amtsgericht up to EUR 5,000 and the Landgericht above it, where representation by a lawyer is compulsory. Costs are fixed by statutory scale rather than billed hourly, so exposure is calculable before filing.
- Employment & LabourDismissal protection, works councils and codeterminationIn establishments with more than ten employees, dismissal requires a socially justified reason relating to conduct, capability or operational needs, and the works council must be heard.
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