Public law

Public law refers to the part of the law which governs the legal relationship between the state and the private law subject or the relationship between public authorities among themselves. Examples of public law include supervisory law, criminal law and tax law. In the event of disputes, jurisdiction lies with the administrative courts, the criminal courts and the fiscal courts, as the case may be.

Public law must be distinguished from private law. Private law governs the legal relationship between private law subjects, i.e. individuals. Disputes in this area are brought before the civil courts.

In the regulated area of payment services as well as banking and financial services, any institution providing such services does not only need to adhere to the applicable rules under private law. In addition, institutions must also comply with applicable supervisory laws. Compliance with these supervisory laws is monitored by BaFin.