Abstract
Since the jurisdiction of the Federal Supreme Court in state security matters was abolished in 1969, and the federal lawmakers decided not to establish a federal first-instance court on those matters, the competence question has become confusing, or at least, complicated. The jurisdiction in most of section 120 of the German Courts’ Constitution Act (CCA) cases is clear and does not raise any dispute. However, article 120, paragraphs 1 and 2 of the CCA implies legal traps with respect to competence and jurisdiction, and respective misjudgment of the jurisdiction preconditions comprise risks as to the extent that verdicts might be overruled by the Federal Supreme Court due to unlawful assessment of elements of section 120 of the CCA.
This Article provides an overview and history of the German court system and its relation to state security matters. It also analyzes the effects of Germany’s jurisdictional scheme on state security and terrorism proceedings. Finally, it offers a recommendation and its consequences to simplify a just jurisdictional scheme for state security matters.
Recommended Citation
Manfred Dauster,
The German Court System in Combatting State Security Matters, in Particular Terrorism,
42
S. Ill. U. L.J.
31
(2017).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol42/iss1/2