Spring has sprung in Germany, and I am having a hard time staying in the office during this glorious weather, even though I’ve got far too much to do these days. In honor of Spring, a little story about trees.
Over the weekend, I spoke to a friend who had trained as a lawyer in Berlin. A friend of hers did an internship with a local court (Amtsgericht) in Berlin. These courts have jurisdiction over local and routine matters, which, in Berlin, includes the protection of trees (probably under this law (G)). In larger European cities, trees are considered precious commodities, and protected by law.
If you want to tear one down for any reason, you’ll have to submit a special petition to the local Amtsgericht. This will turn into a real legal controversy, since the standards for removing trees are very high. In some cases, you may be denied permission to cut down the tree, even if you planted it yourself. According to the Berlin ordnance, the principal reasons for permitting the removal of a tree are that the tree is ill or dead, has largely lost its "ecological function," or has become a danger.
Once presented with a petition, the judge will often hold a hearing in situ. He will summon his interns, his secretary, and often at least one of the lawyers, and visit the tree itself, holding an open-air hearing. Many judges actually look forward to these petitions, since it gives them a chance to venture out into the open air. The judge usually begins the proceeding with a thorough, careful description of the tree. Speaking into his dictaphone, the judge tours the tree: "Subject of this proceeding is an elm tree located near the intersection of Krupp and Wilhelmstrasse, approximately 10 meters tall, currently in bloom. Approximately three branches appear to overhang the street…"
I don’t have much to say about this, I just found the idea of a judge holding an open-air trial on the fate of a tree to be charming and Spring-appropriate.