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Superior Court Berlin-Schoeneberg
Photo: Eduardo Fonseca Arraes/Getty Images
Judgments from several civil senates may be legally contestable at the Berlin Superior Court.
The reason for this is that some presiding judges have been vacant for years.
The 24th civil senate of the Berlin Higher Court has not chaired since September 1, 2020, the 7th civil senate since July 31, 2021 and the 6th civil senate since August 1, 2022. This is evident from the business allocation plans.
The judgments made under a representative could be challenged with an appeal to the Federal Court of Justice (BGH) in Karlsruhe - with reference to the fact that a Senate that does not have a chairman properly violates the constitutionally anchored guarantee of the »legal judge«.
According to the case law of the Federal Court of Justice, a vacancy of eight months can be too long : another judge can take over the presidency as a substitute, but not permanently.
However, it always depends on the »circumstances of the individual case«.
Upon request, the Court of Appeal informed SPIEGEL that positions had not yet been filled after several lawsuits from inferior competitors after retiring due to age.
However, the »appointment procedures carried out for the successor« were »9 to 12 months before the vacancy occurred« and were therefore »initiated very early on in each case«.
There are no other delays for which the Court of Appeal or the Senate Department for Justice is responsible.
Therefore, despite the long-term vacancies, it is assumed that the position will be "properly filled".
The President of the Berlin Bar Association, Marcus Mollnau, criticizes: "This deficiency shows again that the judiciary in Berlin cannot work properly because it is not properly staffed."