Gemeinsamer Senat der Obersten Gerichtshöfe

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The Gemeinsamer Senat der Obersten Gerichtshöfe des Bundes (Common Senate of the Federal Supreme Courts of Justice, often abbreviated as 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 Common Senate consists of the Presidents of the five Federal Supreme Courts (excluding the Bundesverfassungsgericht) and two members of each of the senates^[1] involved in a given dispute. The Common 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 Common Senate gathers very rarely (the most recent decision being from 2000), 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 Common Senate should not be confused with the Great Senate that exists within each Federal Supreme Court. Its function is similar to that of the Common 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.

[edit] Footnotes

^ Note that, in this context, '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.