Judiciary of Delkora

The Judiciary of Delkora is the system of courts that interpret and apply the law of Delkora. Under the Delkoran Constitution, responsibility for administering the courts is divided between the federal and state governments. There are three categories of courts: ordinary courts, administrative courts, and constitutional courts. Delkora has a civil law legal system.

Court system

The judiciary is administered at both the federal and state levels in an integrated system. The trial and lower appellate courts are state courts, while the higher appellate courts are federal courts. To preserve the independence of the judiciary, the courts, while overseen by the federal and state ministries of justice, operate autonomously from the government.

State courts

At the lowest level of the ordinary court system, most municipalities maintain a Municipal Court (Kommunal Domstol) that handles cases concerning municipal ordinance violations, small claims, family law, and criminal cases not punishable by imprisonment. They generally have a small number of judges, who are appointed by the municipal council.

Above the Municipal Courts are 154 District Courts (Tingret), each corresponding to a county. The District Courts serve as the court of first instance for most criminal and civil cases, and also hear certain appeals from the Municipal Courts. Each has several judges assigned to it, as well as a state attorney (statsadvokat) who represents the government in most prosecutions. Trials are presided over by either a single judge or a panel of between 3 to 5 judges for serious cases. Above the District Courts are seven Superior Courts of Justice (Overordnede Domstole), each of which hears appeals from the District Courts in a particular state.

Separate from the ordinary courts is a hierarchy of administrative courts. Administrative law cases originate in one of 154 Administrative District Courts (Administrativ Tingsret), each of which, like the ordinary trial courts, correspond to a county. Cases can be appealed to the Superior Administrative Court (Overordnet Forvaltningsdomstol) of the relevant state. The most common cases heard in the administrative courts involve taxation, government benefits, permits, or immigration.

Finally, each state has a Constitutional Court (Forfatningsdomstol) that is responsible for interpreting its state constitution and ensuring that the state government acts in accordance with it. Their jurisdiction is limited to questions pertaining to their respective state’s constitution; they will not consider cases involving only ordinary or administrative law, nor can they consider federal constitutional questions.

Federal courts

There are three federal courts: the Federal Court of Justice (Føderaldomstol), the Federal Administrative Court (Føderal Forvaltningsdomstol), and the Federal Constitutional Court (Føderal Forfatningsdomstol), which hear appeals from the state courts. The number of cases heard by the federal courts per year is relatively small, as they set their own caseload and generally only hear cases in which there is evidence that a lower court made an error, or in which a novel legal issue is being considered.

The Federal Court of Justice is the highest-ranking of the ordinary courts, hearing appeals from the Superior Courts of Justice. It consists of a Criminal Panel and a Civil Panel. Although primarily an appellate court, it serves as the court of first instance in certain types of civil disputes, including those between states, between a state and the federal government, and between the federal government and a foreign entity. The court mostly sets its own caseload, although persons who have been sentenced to preventive detention are entitled to an appeal before it.

The Federal Administrative Court is the court of final appeal for administrative law cases, responsible for considering appeals from the Superior Administrative Courts. It is divided into five panels: the Commercial Panel, the Financial Panel, the Social Security Panel, the Immigration Panel, and the General Panel.

The Federal Constitutional Court is the highest legal authority in Delkora. It has the sole authority to interpret the Delkoran Constitution and adjudicate whether acts of government at both the federal and state levels comply with it. It can hear appeals from any other court, and its rulings cannot be further appealed. The court’s jurisdiction is limited to federal constitutional questions.

Procedure

Delkoran procedural law is outlined in the Code of Civil Procedures (Civile Procedurer Kode) and the Code of Penal Procedures (Straffeprocedurer Kode). In general, the initiation of court proceedings requires the plaintiff to demonstrate they have been injured by the other party. In criminal cases, this requires evidence a defendant has violated a law; in civil cases, evidence a defendant failed to uphold an obligation, and in administrative cases, evidence of maladministration on the part of a government agency.

Criminal cases begin with an initial investigation by the police, which is overseen by an examining judge who directs the fact-gathering process. Provided the criteria for bringing charges are met, the prosecution is required to do so, having little if any discretion. Plea bargaining is not possible under Delkoran law. Trials are inquisitorial, with judges playing a central role, and juries are not used. A guilty verdict can always be appealed, while the prosecution can only appeal a not guilty verdict if new evidence later surfaces.  

Defendants in criminal trials are afforded a number of protections under both the procedural codes and the Delkoran Constitution, including the right to be promptly informed of the charges levied against them, the right to silence, the right to legal representation, the right to be presented before a judge to challenge their detention, and the right to a speedy, public, and impartial trial. The police must always inform suspects of these rights before any questioning. Defendants are presumed innocent until proven guilty.

Legal profession

Advocates

Only licensed advocates can practice law in Delkora. To become an advocate, one must complete a Master of Laws degree and pass the Federal Bar Exam. Advocates can work in a variety of capacities, including counsel for a government agency, corporate counsel, private practice, academia, or within the courts as a judge or district attorney. Although not a prerequisite for their offices, many federal and state legislators are trained advocates.

Many advocates specialize in a particular field of law, such as tax law, environmental law, or contract law.

Judges

To be eligible to serve as a judge, one must be a licensed advocate, be of good moral character, and have several years of legal experience.

Federal judges are appointed on the advice of the federal government, while state judges are appointed on the advice of the state governments. Appointees are chosen from a pool of candidates assembled by judicial nominating committees and must be approved by a two-thirds majority of the Federal Parliament in the case of federal judges, or of the relevant state parliament in the case of state judges. This requirement for a supermajority makes it effectively impossible for a government to select political appointees.

Once sworn in, judges enjoy life tenure subject to mandatory retirement at 70 years of age. They can be subjected to impeachment proceedings, but only upon conviction of a crime, professional misconduct, or severe ethical violations.

Judges are required to be non-partisan; they cannot belong to political parties, declare their support for candidates standing for elected office, or publicly espouse partisan viewpoints. Additionally, they may not hold other jobs apart from academic positions.

Prosecutors

Prosecutors represent the government in criminal cases before the District Courts. Most cases are prosecuted by a state attorney (statsadvokat), while crimes against the federal government are prosecuted by a federal attorney (forbundsadvokat). The federal attorneys have jurisdiction over cases involving crimes against humanity, civil rights, crimes against the state, economic crimes against the federal government, crimes involving an interstate or foreign element, organized crime, and military justice; all other cases are prosecuted by the state attorneys. Federal attorneys are appointed on the advice of the federal government, while the state attorneys are appointed on the advice of state governments.

The requirements and salary for prosecutors are similar to those for judges. They are career civil servants who, while lacking the level of independence of the judiciary, are nonetheless highly insulated from political pressure. They are appointed for non-renewable terms and are subject to the same ethical guidelines as judges.