WEBVTT FILE 00:00:21.201 --> 00:00:26.000 The Federal Administrative Court – legal rulings with fundamental significance 00:00:27.301 --> 00:00:30.000 The Federal Administrative Court acts as an appellate court 00:00:30.001 --> 00:00:31.700 dealing with questions of law. 00:00:31.701 --> 00:00:34.000 Its judgments and decisions act as guidance 00:00:34.201 --> 00:00:37.700 and ensure a consistent application of the law by public authorities 00:00:37.701 --> 00:00:39.000 and courts throughout Germany. 00:00:40.500 --> 00:00:42.700 This means that its decisions must measure up to 00:00:42.701 --> 00:00:45.000 especially high standards of quality. 00:00:45.300 --> 00:00:48.000 The work processes of the Court are structured to ensure this goal. 00:00:50.000 --> 00:00:52.500 If a case makes it to the Federal Administrative Court, 00:00:52.501 --> 00:00:56.000 the court registry will assign it a file reference number. 00:00:58.001 --> 00:01:01.000 The case is assigned to a reporting judge. 00:01:03.001 --> 00:01:07.000 Claimant and defendant will first explain their positions in writing. 00:01:10.000 --> 00:01:13.000 The case is then reviewed based on statutory law, 00:01:13.200 --> 00:01:15.000 jurisprudence and legal literature. 00:01:18.000 --> 00:01:19.000 The critical question: 00:01:19.500 --> 00:01:23.000 did the lower court interpret and apply federal law correctly? 00:01:27.500 --> 00:01:31.000 Based on the preparatory work of the research assistants, 00:01:31.001 --> 00:01:34.500 the competent reporting judge drafts a comprehensive decision proposal 00:01:34.501 --> 00:01:37.000 known as the opinion. 00:01:38.001 --> 00:01:41.000 Another member of the senate – the co-reporting judge 00:01:41.001 --> 00:01:43.000 – will then issue a co-opinion. 00:01:46.000 --> 00:01:48.300 All senate judges receive these opinions 00:01:48.301 --> 00:01:52.000 and comprehensively familiarise themselves with the case. 00:01:54.501 --> 00:01:55.500 Prior to the oral hearing, 00:01:55.501 --> 00:01:59.000 the reporting judge will present the case in a preliminary discussion 00:01:59.201 --> 00:02:01.000 and argue his decision proposal. 00:02:03.501 --> 00:02:07.300 The judges will deliberate on central aspects of the case. 00:02:08.001 --> 00:02:12.000 In this way, they prepare the oral hearings without making a decision yet. 00:02:17.001 --> 00:02:21.000 The court police service prepares the courtroom for the oral hearing. 00:02:22.000 --> 00:02:25.000 All required files are made available. 00:02:28.001 --> 00:02:33.000 Oral hearing in the administrative litigation 00:02:33.001 --> 00:02:35.000 Mr. Müller vs. the Federal Republic of Germany. 00:02:35.500 --> 00:02:39.500 The presiding judge of the senate will chair the oral hearing. 00:02:40.300 --> 00:02:49.000 I hereby open the session of the 3rd Senate of the Federal Administrative Court. 00:02:49.500 --> 00:02:53.000 The reporting judge then presents the facts of the case. 00:02:55.000 --> 00:03:05.000 The claimant seeks approval of a pharmaceutical. He applied for this in 2013. 00:03:06.000 --> 00:03:08.000 Afterwards, the lawyers file their applications. 00:03:10.000 --> 00:03:13.000 In proceedings before the Federal Administrative Court, 00:03:13.001 --> 00:03:16.500 every party to the proceedings must be represented by a lawyer. 00:03:18.500 --> 00:03:22.000 Public authorities may be represented by their own jurists. 00:03:23.000 --> 00:03:25.600 The preparation by the lawyers helps with understanding all aspects 00:03:25.601 --> 00:03:29.000 of the case and the possible consequences of a decision. 00:03:31.500 --> 00:03:35.000 All legal questions are examined with the parties in this legal discussion 00:03:35.001 --> 00:03:37.000 which will often go on for hours. 00:03:40.000 --> 00:03:43.000 The senate will then retire for deliberation. 00:03:47.000 --> 00:03:49.500 The judges will again weigh all legal aspects 00:03:49.501 --> 00:03:53.000 and arguments in a secret final deliberation. 00:03:54.000 --> 00:03:56.000 Afterwards, the senate decides unanimously 00:03:56.001 --> 00:03:58.000 or by majority vote. 00:03:59.501 --> 00:04:03.000 The senate will also often draft a press statement. 00:04:03.500 --> 00:04:06.300 The presiding judge announces the decision in the courtroom, 00:04:06.301 --> 00:04:08.000 summarising the major reasons. 00:04:10.000 --> 00:04:13.000 The press office publishes the press release. 00:04:14.500 --> 00:04:18.000 Press spokespersons explain the decision to the media. 00:04:19.701 --> 00:04:24.000 In the following days, the reporting judge will draft the written judgment. 00:04:24.500 --> 00:04:27.500 The reasons for the decision elaborate the results of the senate deliberation. 00:04:27.501 --> 00:04:31.000 This text is discussed and agreed on in the senate. 00:04:31.200 --> 00:04:33.000 The court registry collates the finished judgment. 00:04:35.000 --> 00:04:38.500 A court registry employee checks if changes are correctly implemented 00:04:38.501 --> 00:04:40.100 and if all citations are correct. 00:04:42.500 --> 00:04:44.000 The judgment is served to the parties. 00:04:45.000 --> 00:04:49.700 The information services of the Court publish an anonymised version via the Court website, 00:04:49.701 --> 00:04:55.000 legal databases and magazines for use by the public and the legal profession. 00:04:58.000 --> 00:04:59.500 Special rules apply in cases 00:04:59.501 --> 00:05:04.000 where the Federal Administrative Court is the court of both first and last instance, 00:05:04.001 --> 00:05:08.000 for example, in decisions about large transport route projects. 00:05:08.500 --> 00:05:11.000 In order to bring such cases to a speedy conclusion, 00:05:11.001 --> 00:05:15.000 the law provides for only one instance at the Federal Administrative Court. 00:05:17.800 --> 00:05:18.900 In these types of proceedings, 00:05:19.301 --> 00:05:23.000 the Federal Administrative Court is also required to ascertain the facts 00:05:23.001 --> 00:05:25.000 and to apply the laws of the German federal states. 00:05:26.000 --> 00:05:28.000 These cases can be very complex. 00:05:28.700 --> 00:05:32.000 The oral hearing may continue for days. 00:05:33.500 --> 00:05:37.000 Due to the extent of the required deliberations and the scope of the cases, 00:05:37.001 --> 00:05:40.000 a separate date will often be set for pronouncing the judgment. 00:05:44.000 --> 00:05:48.000 The decisions of the Federal Administrative Court have fundamental importance. 00:05:48.500 --> 00:05:53.000 The work of the Court is structured to ensure their balance.