Selektion von Rechtsmittelverfahren durch gesetzliche Zugangsbeschränkungen

Thomas Schafft discusses the selection of appellate proceedings. Under German law the right to appeal is not generally granted as such, and is also not at the discretion of the appellate court, as it is for example in the case of the US Supreme Court. German constitutional law requires explicit legislative guidance on which court decisions may be appealed and which may not be appealed. Over the years many different techniques to solve this problem have been used and tested in the various branches of the German legal system. In this work, the author evaluates these methods by applying an economic analysis of law to the judicial procedures and to the hierarchy of justice.