Good to know about Germany and law

The Clausen Law Firm

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Think You Know German Laws? Guess Again

As a German legal professional, I'm immersed in Germany's laws and regulations every day. But I remember what it was like early in my career assisting newly arrived American clients navigating our legal system. Many aspects of German law can catch foreigners off guard.


For instance, most shops adhering to German store hour laws are verboten (forbidden) from opening on Sundays. Only designated shops like gas stations can operate that day. For Americans used to Sunday shopping sprees, this is often a surprise.


Another German peculiarity is the mandatory Mietkaution - a rental deposit equal to 2-3 months rent. Landlords can deduct damages from this deposit when tenants move out. Having to pay so much rent upfront is quite a culture shock for Americans.


And don't get me started on recycling rules! We Germans are very serious about separating trash properly into multiple bins. Failure to recycle can earn you a scolding letter from the Müllpolizei - the trash police! This strictness is confusing for laidback Americans.


Between the Sunday closures, bottle deposits, noise regulations, and return policies, German laws can perplex American immigrants. But with time, you'll soon feel right at home yelling "Ruhe!" at rowdy neighbors and admiring your sorted recycling bins!


As a German lawyer, I've made it my mission to help Americans understand our legal quirks and thresholds. It's a learning curve, but together we'll get you thinking - and living - like a German in no time!


Even more "strange" German rules:

  • Licensing Laws - Certain professions like lawyers, doctors, teachers, tour guides require special German licenses to practice. Qualifications from other countries often don't directly transfer over.
  • Insurance Requirements - Germans are required to have comprehensive health insurance by law. Americans used to employer-provided insurance may need to adjust.
  • Church Taxes - Germans registered with a religion like Catholic, Protestant, Jewish pay 8-9% of their income tax to the church. This mandatory tithing confuses Americans used to separation of church and state.
  • Homeschooling Ban - Germany has strict laws banning homeschooling with few exceptions. Parents are required to send kids to school with rare exemptions granted.
  • Nudity Allowances - Public nudity is tolerated in designated areas like parks, lakes and beaches. This openness often surprises prudish Americans.
  • Age Limits - Legal age minimums around drinking, smoking, gambling are typically lower (14-18 years old) in Germany compared to the US (21+).
  • Separation Requirements - Germany requires “Trennung von Tisch und Bett” - married couples seeking divorce must live apart for 1+ year first.
  • Name Laws - Germany has strict rules about given names. Unusual or gender ambiguous names can be forbidden. Surnames also restrictions.


Interesting statistics related to Germany and German law:

  • There are around 164,000 lawyers in Germany as of 2022. This equals about 2 lawyers per 1,000 inhabitants.


  • Germany's court system is made up of 25,787 judges divided between federal courts, state courts, and special courts like labor, social and tax courts.


  • The German Federal Court of Justice in Karlsruhe is the highest court in the system and the court of last resort for civil and criminal cases.


  • Over 3.7 million civil cases and over 1 million criminal cases are filed in German courts every year.


  • The average length of a court case in Germany is 5.8 months for civil matters and 2.1 months for criminal matters.


  • Germany has one of the lowest litigation rates in the EU, with about 123 civil cases filed per 1,000 people compared to over 300 cases per 1,000 people in US.


  • The German Constitution or “Basic Law” is one of the shortest in the world at under 15,000 words. It became law in 1949 after WWII.


  • Around 22% of students studying law at German universities identify as international or foreign students.


  • The first female judge was appointed in Germany in 1924 and the first female chief judge began serving in 1961. Today, around 43% of German judges are women.


Banned in Germany: The Infamous Hitler Salute

One of the first things many American visitors to Germany notice is the complete absence of the infamous "Heil Hitler" right arm salute that defined the Nazi regime. Unlike in the U.S., where the First Amendment protects most offensive speech and gestures, this gesture remains outright illegal in Germany today.


The Hitler or Nazi salute, also referred to as the Hitlergruß, involves extending the right arm upwards with a straightened hand. It was a symbol of obedience and loyalty to the Nazi Party and was mandatory to perform during the Nazi era when encountering Adolf Hitler or other senior party members.


Today, this salute is banned under the German Strafgesetzbuch (Criminal Code) as a unconstitutional symbol that incites hatred, discrimination, and violence. Outside of artistic or educational contexts, displaying the Hitler salute is punishable by up to 3 years in prison. Offenders can also face fines, probation, and legal restrictions.


This strict ban reflects Germany's efforts to prevent the return of dangerous Neo-Nazi and anti-Semitic propaganda in the post-WWII era. The salute is seen as a threat to democratic values and human dignity. While free speech protections differ across borders, visitors should be aware that flaunting the Hitler salute for photos or jokes can lead to criminal prosecution in Germany.


As a German legal professional, I have deep understanding of our nation's approach to restricting certain speech and symbols in the interest of protecting democratic values. While freedom of expression is viewed differently in nations like America, I hope this bit of legal advice helps tourists avoid trouble and appreciate the cultural context around banning certain gestures here. For us Germans, the context of the Nazi era necessitates this prohibition by law, even if it seems quite foreign to visitors. In any case, being aware of what symbols to avoid is key!


Germany By the Numbers:

Germany has a reputation for being the land of precision engineering and strict efficiency, but beneath the highly-organized exterior also beats a vibrant heart! Let's digest some fascinating facts and figures about the biggest country in Central Europe.


  • Economically, Deutschland is a powerhouse. It possesses the largest economy in Europe and the 4th largest worldwide - nearly $4 trillion in GDP. But is it all work and no play? Nope! Germans drink almost a bathtub's worth of beer per person annually, producing over 5 billion liters per year. Prost!


  • With a population of 83 million, Germany comes in #2 after Russia in Europe.


  • Ready for some culture? Berlin boasts way more bridges than even Venice, Italy with over 1,700 crossing the city's rivers and canals.

 

  • Culturally, Deutschland shines bright, though Germans do love their bread - munching through 91 kg per person every year across over 200 varieties!


  • Beyond beer and bread, soccer reigns supreme as Germans' favorite pastime. With 4 World Cup titles under their belt, their reputation as a top futbol nation is well deserved. Go Deutschland!


  • This country also marches to the beat of its own, environmentally-friendly drum. Over a third of Germany's electricity comes from wind power, making it a world leader in sustainability. The future is green!.


So while Germany has a reputation for rigid efficiency, it also has a compassionate heart, a fun-loving spirit, and a creative soul! From the Black Forest to Bavaria, this country continues to reveal its many fascinating layers. Come discover the hidden wonders of Deutschland.


The Future of Law: How Tech, Data, and Globalization Are Changing the Game

The practice of law seems like one of the most steadfast, traditional careers out there. But the legal sector is actually undergoing major upheaval! Emerging technologies, shifting client expectations, and global influences are transforming how lawyers work and provide services. Let's look at some of the key trends revolutionizing the field:


No More Commuting to the Corner Office! Work-from-home flexibility is becoming the new norm, enabled by secure cloud software and videoconferencing. Hybrid and remote work gives lawyers a better work-life balance while keeping productivity high. Sweatpants for the win!


Upgrading Old Processes. AI and data analytics are making once-manual tasks like contract review and document search almost instantaneous. Lawyers can offload the grunt work and focus on providing strategic expertise to clients. Let the robots do the tedious stuff!


Serving More People. Public interest lawyers are expanding access to legal services by offering online tools, apps, and affordable options. Startups are also modernizing convoluted processes so the law works efficiently for all. Justice for all!


Getting Niche. Specialization is the name of the game nowadays. Boutique firms and niche practices cater to unique client needs in emerging areas like cannabis law, data privacy, agtech law, and more. Follow your passion!


Thinking Globally. Law firms are opening foreign offices and forging international referral networks to support cross-border business dealings. Local expertise + global strategy is key.


The legal industry may have a reputation for being slow-moving, but exciting changes lie ahead. Technology, innovation and fresh thinking will shape the next generation of legal practices and services. The future looks bright for justice seekers!


Contact us:

Anwaltskanzlei Clausen / The Clausen Law Firm

Franz-Konrad-Strasse 111

73527 Schwäbisch Gmünd 

Germany


Telephone: +49 (0)7171-908 26 99

mail@kanzlei-clausen.com


Please note:

We would love to have you as a client, but sending us an e-mail does not establish an attorney-client relationship. Until we have agreed to work together, anything you send us will not be confidential or privileged. The best way to inquire about being represented by us is to contact us by telephone or email.




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