Any court acting in a country must follow the principles on the rule of law. The courts as well as judges are bound on the constitutional principles. These are laid down in the constitution and are being interpreted by the Constitutional Court and higher courts. Regional and district courts must respect it. However not all of them do. The present research is original. It is the first of its kind in the literature, analyzing the plans on allocation of cases of several courts. No one has ever dealt with topics it does and on this scale. It deals with loopholes left in German laws that German courts (ab)use. Moreover, the loopholes left allow the offices of public prosecutor to influence the proceedings of the courts and thus – as part of executive power – influence the judicial powers. This is a phenomenon unknown until now in the states that claim to follow basic constitutional principles. The conducted study and analyzes deal with several German courts all over the country (West and East, regional as well as Constitutional and Highest Courts). It thus presents that the phenomenon does not affect one specific court, but constitutes rather a phenomenon of an abuse of judicial powers laid on courts. The present research shows specific examples of illegal clauses conducting a proof of common breaches of law of institutions that are set up in order to execute the laws by the citizens. However, it seems that German courts as well as judges are placed above the law they expect citizens to follow.
Magdalena Katz (Mon,) studied this question.