A General Awareness to German Laws
The contemporary German Legal system is built upon the fundamentals of The Basic Law for the Federal Republic of Germany, which came into effect in the year 1949. This legal system is made up of mainly two forms of laws:
· Public Laws: This set of laws is used to manage the relations between a person and the state. These laws consist of criminal laws.
· Private Laws: The private laws are used to manage the relations between two people or companies along with the criminal law. The private laws have been highly influenced by the Roman law.
Public laws are used to regulate the interactions taking place between a citizen and an official governing body. The opinions of the citizens do not play any role in implementation of these laws. Public laws are composed of 4 different forms of laws that have been named below:
· Constitutional Law: The constitutional laws are closely associated with the German Constitution. Its major role is to define the roles and rights of various institutions. Civil rights form a big chunk of these laws. The institution that holds the strongest authoritative power according to the Constitutional Law is the Federal Constitutional Court. Its sole purpose is to protect the German constitution by regulating the decisions of the government.
· Administrative Law: The laws that fall under the administrative domain are meant for the Executive. These laws are used to control the legal relations between the people and the State. In addition, these laws regulate the interactions taking place between the various levels of government. The Federal Administrative Court is known as the most powerful court in the administrative domain. However, in various laws such as tax law and social security law, various federal courts have been set up with special jurisdiction.
· Administrative Civil Law: The administrative Civil laws have been formulated to ensure that there is no unequal treatment experienced by citizens and all businesses. In these cases, the government functions based upon the Civil Code.
· Criminal Law: In Germany, the criminal law is based upon the Federal Law. According to this law, the minors under the age of 14 cannot be prosecuted for any form of crime. For minors under the age of 18, slight alterations can be made to the criminal law. The German Criminal law doesn’t preach death sentence. It is, indeed, forbidden by the constitution.
Some of the most common private entities associated with the private laws are buyers, sellers, landlords, tenants and employees. Private laws can be exercised only in cases in which there exists no state authority.
Civil law falls under the domain of Private law. One of the most important Civil law states that the citizens are free to exercise their power in personal affairs without any State interference.
Procedural laws are used to define the roles of the judges. According to the procedural law, both the parties enjoy equal rights or privileges. The judge accepts the evidence on his own.
These are some of the laws of German government which the citizens have to follow.