The Joint Senate of the Federal Supreme Courts of Justice (Gemeinsamer Senat der Obersten Gerichtshöfe des Bundes, also called the Common Senate) is often regarded as one of the supreme courts of justice in Germany, but it is rather, as the name suggests, an ad-hoc judicial body, that is convened in specific cases only. The Joint Senate consists of the Presidents of the five Federal Supreme Courts (excluding the Bundesverfassungsgericht) and two members of each of the senates involved ("Senate" denotes a judicial 'sub-unit' within a court, usually consisting of three or more judges. All Federal Supreme Courts, as well as subordinate courts of appeal, are divided into several senates). The Joint Senate decides on questions regarding the interpretation of law that are relevant for all five branches of law overseen by the five Federal Supreme Courts.
The Joint Senate gathers rarely (between 2000 and 2010, there were only three decisions), as the areas of responsibility of the branches of justice in Germany are in general well-defined, so its rulings are mostly on definitory matters. Its meetings are organised by the Bundesgerichtshof in Karlsruhe.
The Joint Senate should not be confused with the Great Senate that exists within each Federal Supreme Court. Its function is similar to that of the Joint Senate, as it mediates between the several senates of a Supreme Court in cases of dissent. To make things even more confusing, the Bundesgerichtshof has not one Great Senate, but three: one for civil law issues, one for criminal law issues, and one for disputes between the criminal law senates and the civil law senates. Also, the Bundesverfassungsgericht has a similar body, which in this case is called the Plenum, which consists of all the judges of the court and which gathers, again, only if a dispute arises between two different senates which cannot be resolved otherwise. This case has only occurred five times, with the most recent such decision being from 2012.
Famous quotes containing the words joint, senate, supreme, courts and/or germany:
“Such joint ownership creates a place where mothers can father and fathers can mother. It does not encourage mothers and fathers to compete with one another for first- place parent. Such competition is not especially good for marriage and furthermore drives kids nuts.”
—Kyle D. Pruett (20th century)
“This is a Senate of equals, of men of individual honor and personal character, and of absolute independence. We know no masters, we acknowledge no dictators. This is a hall for mutual consultation and discussion; not an arena for the exhibition of champions.”
—Daniel Webster (17821852)
“The safety of the republic being the supreme law, and Texas having offered us the key to the safety of our country from all foreign intrigues and diplomacy, I say accept the key ... and bolt the door at once.”
—Andrew Jackson (17671845)
“In the U.S. for instance, the value of a homemakers productive work has been imputed mostly when she was maimed or killed and insurance companies and/or the courts had to calculate the amount to pay her family in damages. Even at that, the rates were mostly pink collar and the big number was attributed to the husbands pain and suffering.”
—Gloria Steinem (20th century)
“It is the emotions to which one objects in Germany most of all.”
—Franz Grillparzer (17911872)