Germany · Overview
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.
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