The German Legal System — Courts, Laws and Constitution

Fundamentals of the German Legal System

Germany is a democratic constitutional state — this means that all state power is bound by law. The most important legal foundation is the Constitution (GG), the constitution of the Federal Republic of Germany.

Separation of Powers

The German state system is based on separation of powers:

The powers check and balance each other — no body has unlimited power. Judges are independent and bound only by law.

The Constitution — Your Fundamental Rights

The Constitution (GG) guarantees fundamental rights for all people in Germany — not just German citizens:

Fundamental Rights for Everyone (Human Rights)

• Art. 1 GG — Human dignity is inviolable
• Art. 2 GG — Right to free development of personality, bodily integrity
• Art. 3 GG — Equality before the law (prohibition of discrimination)
• Art. 4 GG — Freedom of belief and conscience
• Art. 5 GG — Freedom of expression, freedom of the press
• Art. 6 GG — Protection of marriage and family
• Art. 10 GG — Privacy of mail and telecommunications
• Art. 13 GG — Inviolability of the home
• Art. 14 GG — Right to property and inheritance
• Art. 19 GG — Right of access to the courts (anyone can sue)

Fundamental Rights Only for Germans (Civic Rights)

• Art. 8 GG — Freedom of assembly
• Art. 9 GG — Freedom of association
• Art. 11 GG — Freedom of movement (free choice of residence)
• Art. 12 GG — Freedom of occupation

Note: EU citizens have similar rights under EU law. For third-country nationals, civic rights are limited or regulated by ordinary laws.

The Five Jurisdictions

Germany has five independent jurisdictions, each responsible for different areas of law:

1. Ordinary Courts

Responsible for civil and criminal law:

2. Administrative Courts

Responsible for disputes with public authorities (e.g., residence permits, building permits, civil service law):

• Administrative Court → Higher Administrative Court → Federal Administrative Court

3. Labor Courts

Responsible for employment law (dismissal, wages, employment contracts):

• Labor Court → State Labor Court → Federal Labor Court

Special feature: Before the Labor Court, each party pays their own lawyer independently (even if they win) — no cost risk to the opposing party's lawyer!

4. Social Courts

Responsible for social security law (basic income, pensions, health insurance, disability):

• Social Court → State Social Court → Federal Social Court

Special feature: Proceedings before the Social Court are free of charge (no court fees!).

5. Tax Courts

Responsible for tax law:

• Tax Court → Federal Tax Court

Special Status: Federal Constitutional Court

The Federal Constitutional Court (BVerfG) in Karlsruhe is Germany's highest court. It reviews whether laws and government actions comply with the Constitution.

Constitutional complaint: Anyone can appeal to the BVerfG if they believe their fundamental rights have been violated — after exhausting all other legal remedies.

Criminal Law — Basic Concepts

Criminal Liability from Age 14

• Under 14: not criminally liable (no punishment, but child welfare services may intervene)
• 14–17: juvenile criminal law (educational measures, juvenile detention)
• 18–20: juvenile or adult criminal law (judge decides)
• From 21: adult criminal law

Important Criminal Law Concepts

Your Rights During Police Contact

• Right to remain silent — You do not have to give a statement (except for personal data)
• Right to a lawyer — You can demand a lawyer at any time
• Interpreter — You have the right to a free interpreter during questioning and court proceedings
• No excessive force — Police may only use reasonable force

Civil Law — Basic Concepts

The German Civil Code (BGB) regulates relationships between private persons:

• Contract law — sales contract, rental agreement, employment contract
• Damages — when someone causes you harm
• Family law — marriage, divorce, custody, alimony
• Inheritance law — wills, inheritance, compulsory share

Cost Assistance (PKH) — If You Cannot Afford a Lawyer

If you have low income, you can apply for cost assistance:

• The state covers lawyer and court fees (in full or in part)
• Eligibility: when there is reasonable prospect of success for your case
• Application to the competent court
• Income limit: individually calculated (similar to basic income eligibility)

For foreigners: Cost assistance is also available to foreigners — regardless of residence status.

Legal Advice Assistance — Free Legal Consultation

For out-of-court legal advice, legal advice assistance is available:

• You pay only €15 as your share
• The state covers the remaining lawyer fees
• Eligibility: for low income (similar limits as cost assistance)
• Application at the District Court (legal advice certificate)

Tips for Foreigners

1. Know your fundamental rights — they also apply to you (dignity, equality, freedom of expression)
2. During police contact: stay calm, provide personal data, otherwise stay silent and demand a lawyer
3. Apply for cost assistance — you should have the means to hire a lawyer
4. Demand an interpreter — you have the right to one in court and with police (free of charge)
5. Pay attention to deadlines — in German law deadlines are extremely important (filing deadline, deadline to object)
6. Use legal advice assistance — get legal advice for €15

As of: March 2026. All information without guarantee.