Keith Mack
Germany has a standard way of citing its legal codes and case laws, which is also used in Austria. There is no single authoritative citation style, but legal journals use self-made house citation styles. The Basic Law (constitution) of Germany is divided into Artikel or articles, not sections. To cite the Basic Law, a notation like Artikel 1 GG or Art. 1 GG, where GG stands for Grundgesetz (Basic Law), is used. Case law from German unification (1871) until 1945, decided by the Empire Court of Justice (Reichsgericht), would be in the Entscheidungen des Reichsgerichts in Strafsachen (cited as RGSt). Decisions in private law can be found in the Entscheidungen des Bundesgerichtshofs in Zivilsachen (BGHZ). Ideally, the date of the court decision and the docket number should be given before the citation. Germany also participates in the European Case Law Identifier, a neutral citation system introduced by the Council of the European Union in 2011.
| Characteristics | Values |
|---|---|
| Case law from German unification (1871) to 1945 | Cited as "RGSt" |
| Criminal case law in the present-day Federal Republic of Germany | Cited as "BGHSt" |
| Decisions in private law | Cited as "BGHZ" |
| Decisions in civil procedure code | Cited as "ZPO" |
| Civil code | Cited as "BGB" |
| Basic Law (constitution) | Cited as "Art. 1 GG" or "Artikel 1 GG" |
| European Case Law Identifier | A "neutral" citation system introduced by the Council of the European Union in 2011 |
| Add "(Germany)" | To distinguish from similar Austrian citations |
| Add "d" or "ö" before the abbreviation | To distinguish between German and Austrian law |
| Paragraph | Represented by "§" |
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What You'll Learn
The German Basic Law (constitution)
The Basic Law (constitution) of Germany is divided into Artikel or articles, not sections. To cite the Basic Law, a notation like "Artikel 1 GG" or "Art. 1 GG", where GG stands for Grundgesetz (Basic Law), is used. The Basic Law is the Constitution of the Federal Republic of Germany. It was adopted on 8 May 1949 by the Parliamentary Council, which consisted of representatives elected by the Land parliaments, and came into force on 23 May 1949.
The German word Grundgesetz may be translated as either "Basic Law" or "Fundamental Law". The term "constitution" (Verfassung) was avoided as the drafters regarded the Grundgesetz as an interim arrangement for a provisional West German state, expecting that a reunified Germany would adopt a proper constitution, enacted under the provisions of Article 146 of the Basic Law. This article stipulates that such a constitution must be "freely adopted by the German people".
The Basic Law was initially intended as a temporary solution, but it has evolved over its 75 years of existence to become an anchor of stability for German society. The fundamental rights, which protect the personal freedoms of the individual, were deliberately laid down in the very first articles of the Basic Law. The Basic Law also contains provisions regarding the organisation of the state, setting forth and giving shape to the basic and unamendable principles in this area – the principles of democracy, the rule of law, federalism and the social state.
Articles 1 and 20 are protected by the so-called eternity clause ("Ewigkeitsklausel") Article 79 (3) that prohibits any sort of change or removal of the principles laid down in Articles 1 and 20. Fundamental rights (Grundrechte) are guaranteed in Germany by the Federal Constitution and in some state constitutions. In the Basic Law, most fundamental rights are guaranteed in the first section of the same name (Articles 1 to 19). They are subjective public rights with the constitutional rank that binds all institutions and functions of the state.
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Criminal case law
Germany has a standard way of citing its legal codes and case law. However, there is no authoritative citation style similar to the Bluebook in the US or OSCOLA in the UK. Legal journals use self-made "house" citation styles, and the most influential style guide is arguably the Author's Instructions of the Neue Juristische Wochenschrift, arguably Germany's most important legal journal.
Decisions by the Supreme Court (Oberster Gerichtshof) can be cited to the official collections (SZ for private law and SSt for criminal law) or to law reviews. In the case of the official collections, the citation normally refers to the number of the case, rather than the page number. For example, the famous Paragraph 175, which formerly made male homosexuality a crime in Germany, would most properly be cited in an English-language text as "§ 175 StGB (Germany)". "§" denotes "paragraph" and "StGB" stands for Strafgesetzbuch (penal code).
Case law precedence does not formally exist in Germany. Cases have binding authority over the parties, but not on future cases. However, they do have persuasive value and lower court judges are aware of higher court decisions. The judicial structure consists of both Federal and state courts. The Organization of the Courts Act (Gerichtsverfassungsgesetz, cited GVG) is the principal piece of legislation for the courts. The main duty of the Federal courts (Bundesgerichte) is to act as the final appeals court for the state courts and to ensure the uniform interpretation and development of law in Germany. The courts of first instance handle state law questions. There are also specialized courts: administrative, labor, social and finance.
The Federal Constitutional Court (Bundesverfassungsgericht) has jurisdiction over constitutional disputes between states and the Federal government, as well as disputes among the Federal Constitutional organs in matters of basic rights. This court also has jurisdiction over disputes concerning the constitutionality of laws. Decisions are available from the court website. Cases of the Federal Supreme Court (Bundesgerichtshofes) are published in two series, civil and criminal. Every 10 volumes contains a cumulative index and there are various indices to aid navigation.
The courts release for publication those decisions that are deemed important. The only truly official publication is certain judgments of the Federal Constitutional Court, published in the Bundesgesetzblatt. To find publications of German case law, search MNCAT or WorldCat using this subject: germany law reports digests etc. Because of the tremendous volume of German jurisprudence, privately published law journals are a valuable source for decisions. The German Law Archive, provided by the University of Oxford, Institute of European and Comparative Law, publishes cases, statutes, literature and bibliographies on German law in English.
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Case law from German unification to 1945
Case law in Germany from unification in 1871 until 1945 was decided by the Empire Court of Justice (Reichsgericht). To cite case law from this period, the notation would be "RGSt" (short for Entscheidungen des Reichsgerichts in Strafsachen).
An example of a case from this period is the Reichstag Fire Trial, which took place in 1933 and resulted in a 'not guilty' verdict from the Supreme Court (Reichsgericht). Dissatisfied with the outcome, Hitler ordered the creation of the People's Court (Volksgerichtshof) in Berlin the following year to try treason and other politically important cases. This court became part of the Nazi system of terror, condemning tens of thousands of people as "Volk Vermin" and sentencing thousands to death for "Volk Treason".
After World War II, the question of the legal status of Germany arose, specifically concerning the extinction or continuation of the German nation-state (the German Reich) following the downfall of Nazi Germany and the military occupation of the country by the four Allied Powers from 1945 to 1949. This period saw the trial of prominent Nazi jurists, who were charged with "judicial murder" and other atrocities in the Nuremberg Trials.
In terms of citing German case law, there is no authoritative citation style comparable to the Bluebook in the US or OSCOLA in the UK. German legal journals tend to use their own "house" citation styles, with the most influential style guide arguably being the Author's Instructions of the Neue Juristische Wochenschrift, a prominent legal journal in Germany. When citing the Basic Law (constitution) of Germany, the notation is "Artikel 1 GG" or "Art. 1 GG", where GG stands for Grundgesetz (Basic Law).
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Official collections and law reviews
Germany has a standard way of citing its legal codes and case laws, which is essentially identical to the system used in Austria. German legal codes are divided into Artikel or articles, not sections. The Basic Law (constitution) of Germany is an example of this.
German cases can be cited to law reviews where they have been rendered, for example, BGH, NJW 1982, 473. The date of the court decision and the docket number should ideally be given before the citation, but this depends on the publisher.
There is no authoritative citation style in Germany, unlike the Bluebook in the US or OSCOLA in the UK. Legal journals use self-made "house" citation styles. The most influential style guide is arguably the Author's Instructions of the Neue Juristische Wochenschrift, arguably Germany's most important legal journal. For example, the proper way to cite Paragraph 175, which criminalised male homosexuality in Germany, in an English-language text would be "§ 175 StGB (Germany)". "§" denotes "paragraph" and "StGB" stands for Strafgesetzbuch (penal code).
German legal cases can be found in official publications and law reviews. The only truly official publication is certain judgments of the Federal Constitutional Court, published in the Bundesgesetzblatt. Cases are not published by the government or recognised by statute; the courts release decisions deemed important for publication. The Federal courts (Bundesgerichte) act as the final appeals court for state courts and ensure the uniform interpretation and development of German law. The courts of first instance handle state law questions.
There are also specialised courts: administrative, labour, social and finance. The Organization of the Courts Act (Gerichtsverfassungsgesetz, cited GVG) is the principal piece of legislation for the courts. It is also translated as the Judicature Act and the Constitution of the Courts Act.
The University of Oxford's Institute of European and Comparative Law provides access to the German Law Archive, which publishes cases, statutes, literature, and bibliographies on German law in English. It includes statutes related to civil law, commercial law, environmental law, and media law, as well as a limited number of English-language translations of judgments from the Federal Constitutional Court, the Federal Court of Justice, and the Federal Labour Court.
The University of Texas at Austin's School of Law also offers a free resource with leading cases in constitutional, administrative, tort, contract, and restitution law. The Law Journal publishes civil and commercial law decisions and is a quick way to find recent decisions in print.
The University of Minnesota Law Library provides a research guide with links to free online databases of German judicial opinions (Entscheidungen). These include the Federal Labour Court (Bundesarbeitsgericht), the Federal Finance Court (Bundesfinanzhof), and the Federal Court of Justice (Bundesgerichtshof). However, these databases are primarily in German, with limited English translations.
Beck-online is another comprehensive online database of German legal resources, covering primary and secondary materials. It includes the Bürgerliches Gesetzbuch (BGB) and Staudingers Kommentar.
The official websites of various German courts also provide databases of decisions, such as the Federal Constitutional Court (Entscheidungen des Bundesverfassungsgerichts), the Federal Administrative Court (Entscheidungen des Bundesverwaltungsgerichts), and the Federal Court of Justice (Der Bundesgerichshof). These websites primarily offer decisions in German, with some selected decisions in English.
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European Case Law Identifier
Germany has a standard way of citing its legal codes and case law, which is essentially identical to the system used in Austria. There is, however, no authoritative citation style similar to the Bluebook in the US or OSCOLA in the UK. Legal journals use self-made "house" citation styles, and the most influential style guide is arguably the Author's Instructions of the Neue Juristische Wochenschrift, arguably Germany's most important legal journal.
The Basic Law (constitution) of Germany is divided into Artikel or articles, not sections. To cite the Basic Law, a notation like "Artikel 1 GG" or "Art. 1 GG", where GG stands for Grundgesetz (basic law), is used. The Entscheidungen des Bundesgerichtshofs in Strafsachen (cited as "BGHSt") covers criminal case law in the present-day Federal Republic of Germany decided by the Federal Court of Justice (Bundesgerichtshof).
Case law from German unification (1871) until 1945, decided by the Empire Court of Justice (Reichsgericht), would be in the Entscheidungen des Reichsgerichts in Strafsachen (cited as "RGSt"). Similarly, decisions in private law can be found in the Entscheidungen des Bundesgerichtshofs in Zivilsachen ("BGHZ") and Entscheidungen des Reichsgerichts in Zivilsachen ("RGZ"). For example, "BGHZ 65, 182" would refer to a case published in BGHZ, volume 65, beginning on page 182.
Alternatively, cases may be cited in law reviews where they were rendered, e.g. "BGH, NJW 1982, 473". Ideally, the date of the court decision and the docket number should be given before the citation, but whether this is required usually depends on the publisher. A third type (not too widely spread) is the citation using the European Case Law Identifier (ECLI), a "neutral" citation system introduced by the Council of the European Union in 2011, which Germany is participating in.
The ECLI is an identifier for court decisions in Europe. It consists of five elements separated by colons: ECLI:[country code]: [court identifier]: [year of decision]: [specific identifier]. The ECLI framework also contains a set of uniform metadata to improve search facilities for case law. Court decisions with an ECLI assigned can be indexed by the ECLI Search Engine of the European e-Justice portal. The ECLI is case-insensitive and written in capital letters using the Latin alphabet. An example of an ECLI is ECLI:NL:HR:1841:1, which indicates a Dutch decision (NL) of 1841 of the Supreme Court (HR).
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Frequently asked questions
You can cite German case law in an English-language text by using "§" to denote "paragraph" and including the relevant abbreviation for the type of law, e.g. "§ 175 StGB" where "StGB" stands for Strafgesetzbuch (penal code).
There is no authoritative citation style in Germany that is similar in importance to the US's Bluebook or the UK's OSCOLA. Legal journals use their own "house" citation styles, and the most influential style guide is probably the Author's Instructions of the Neue Juristische Wochenschrift, arguably Germany's most important legal journal.
The Basic Law (constitution) of Germany is divided into Artikel or articles, not sections. To cite the Basic Law, use a notation like "Artikel 1 GG" or "Art. 1 GG", where GG stands for Grundgesetz, meaning basic law.
Criminal case law in the present-day Federal Republic of Germany that has been decided by the Federal Court of Justice (Bundesgerichtshof) is covered by the Entscheidungen des Bundesgerichtshofs in Strafsachen (cited as "BGHSt").
Germany participates in the European Case Law Identifier, a "neutral" citation system introduced by the Council of the European Union in 2011.
