After the first week of my internship, I was hooked. Actually being at work was better than anything that I had anticipated. I had clicked with all of my coworkers, and was immersing myself all things German—the language, culture, government, and so on. As a phrase popular among English-speaking Germans goes, I was “learning by doing.”
Because I was “learning by doing,” everyday at work was a blast. But if one day stands out in my mind, that day was June 18th. On this day, a court case taught me a great deal about Germany and the European Union (EU). Allow me to explain, sagacious reader.
During the last two weeks of my internship, I got to spend a little time in law department of the Kreisverwaltung. After reading the case briefs and relevant documents, I sat in on several civil law sessions. All of these lawsuits dealt with disagreements between individuals and the local government of Mainz-Bingen. One case in particular piqued my interest. This case dealt with something so seemingly simple: a driver’s license. But, as I soon learned, sagacious reader, the simple can cannily change into the complex.
In the United States, getting a driver’s license is not too terribly difficult. When compared to Germany, the United States hands out driver’s licenses like candy. In order to obtain a driver’s license in Germany, one must make substantial investments of time and money taking both theoretical (written exam) and practical (in a car with an instructor) driving tests.
Although this might seem like a hassle, one cannot argue with the results. German drivers are among the best and safest drivers in the world. Germany is renowned for its low number of car accidents, and for its well-maintained autobahn system (i.e. highways). In other words, intelligent regulation on the part of the German government produces safe, well-trained drivers.
Nevertheless, there are those in Germany who try to circumvent these regulations. These German citizens attempt to get around these regulations by acquiring a driver’s license in another member country of the European Union (EU), where regulations are not as extensive or expensive. The bottom line: some Germans do not want to invest the time or the money necessary to obtain a driver’s license in Germany. Such was the case in this lawsuit.
A German citizen drove to the Czech Republic, took the Czech test(s), and obtained a Czech driver’s license. In the eyes of the German government, such a license is not valid, unless the driver in question has passed the theoretical and practical tests in Germany. This German citizen was being required to retake these tests, on account of alcohol-related driving incidents. Needless to say, he had not done either of the tests. This was one legal strike against him.
Bear in mind that a citizen of an EU member country can drive throughout the European Union, so long as he got his driver’s license in his native country. But instead of listing his German mailing address (i.e. his address in his native country) on the Czech license, the German man listed a false one—a Czech address. This pseudo-address made it seem like he was a Czech citizen who had received his driver’s license in the Czech Republic. In fact, this German man had paid the Czech version of the DMV extra money to list a false Czech address. This was yet another legal strike again him.
Unsurprisingly, the Kreisverwaltung had taken legal action against this man. The lawsuit against him had been in court for several years. The man had fought them every step of the way, through legal skirmishes and appeals at the local level. In the meantime, he was still allowed to drive using his Czech license.
The case finally found its way to the Supreme Court of Rheinland-Pfalz (Rhineland-Palatinate), one of the sixteen states of Germany. This court, located in the famous city of Koblenz, has jurisdiction over the four million Germans that live in Rheinland-Pfalz. The trial was scheduled to start at 10:00 AM on June 18th in Koblenz.
At 8:30 AM on this day, two lawyers from the Kreisverwaltung and I left Ingelheim, and started on the one hour drive to Koblenz. We drove in a magnificent-looking Audi that belongs to the Kreisverwaltung.
We arrived in the picturesque city of Koblenz at about 9:30 AM, parked the car, and walked to the courthouse. The trial began on time, and lasted all of ten minutes. The defense—the German citizen in question—didn’t even bother to show up. The two lawyers from the Kreisverwaltung stated their case, and listened to some remarks from the chief justice. As you can probably guess, the tribunal (i.e. three judges) ruled in the Kreisverwaltung’s favor. Finally, after years in court, the case was settled—the German man’s pseudo-license would be revoked and he would not be allowed to drive until he completed the German driving tests.
An interesting quirk about state-level German judges is that they wear awesome-looking, red robes with plain white neckties underneath. They look really, really cool (see the below link). The two lawyers and I said goodbye to the judges, left Koblenz at about 10:30 AM, and drove back to from whence we came. Back in Ingelheim, my workday returned to normal.
In addition to teaching me a lot about German and European law, this court case was a microcosm—on a small scale, it encapsulated certain advantages and disadvantages of the European Union.
The Germans pride themselves on having an efficient society. The clichéd example of this is the public transportation system. The tiered school system and most workplaces are also structured to encourage efficiency. Indeed, one could say that German society inculcates attitudes that promote efficiency: learning to do more with less.
Quizzically, this very efficiency is largely absent from German law. Unlike the rest of German society, the German legal system is meticulous and drawn-out. In my estimation, the German concept of justice places a heavy emphasis on equality—uniform procedures that ensure fairness. Accordingly, the Germans achieve this evenhandedness by sacrificing some or all of their hallmark efficiency.
This court case also demonstrated some of the positive and negative features of the European Union. The EU is constantly ironing out the kinks vis-à-vis legal procedures between/among member countries. Attaining membership in the European Union means that a country gives up a certain degree of autonomy. Indeed, the EU adds another layer of government which can legally complicate matter. It can sometimes be difficult to square up a country’s local, state, and federal laws with European law. In other words, an EU citizen must strike a balance between interests—between thinking of himself as citizen of his native county and thinking of himself as citizen of Europe.
Regardless, the EU has successfully united an amalgamation of diverse peoples, with their own distinct languages, cultures, and legal systems, into a community that cooperates to work towards common economic, political, and social goals. And, for the most part, the European Union works like a charm. I think that America would do well to learn a thing or two from our European friends.
http://www.filibustercartoons.com/judges/ger2.jpg (picture of what a German judge looks like)




