Read the untranslated law here: http://www.gesetze-im-internet.de/bverfgg/BJNR002430951.html
Law of the Bundesverfassungsgericht (Federal Constitutional Court Act - BVerfGG) BVerfGG Ausfertigung date: 12.03.1951 full quotation: "Federal Constitutional law as amended by the notice of August 11, 1993 (BGBl. I p. 1473), most recently by article 8 of the Decree of 31 August 2015 (BGBl. I p. 1474) has been changed" stand: Neugefasst by BEK. v. 11.8.1993 I 1473;
As last amended by article 8 V v. 31.8.2015 I 1474 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.11.1977 +++) (+++ requirements due to EinigVtr cf. BVerfGG annex EV, no longer apply under art. 76 No. 3 G v. 23.11.2007 I 2614 mWv 30.11.2007 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 123 / 2006 (CELEX Nr: 32006 L 0123) cf. Article 11 G v. 22.12.2010 I 2248 +++) heading : Eingef short title & letter abbreviation. by article 1 No. 1 G v 2.8.1993 I. part I 1442 mWv 11.8.1993 Constitution and jurisdiction of the Constitutional Court of article 1 (1) the Constitutional Court is an independent and all other constitutional institutions compared to an independent Court of Federal.
(2) the seat of the Constitutional Court is Karlsruhe.
(3) the Federal Constitutional Court to adopt rules of procedure, which decides the plenary.
Section 2 (1) the Federal Constitutional Court consists of two divisions.
(2) in each Senate, eight judges are chosen.
(3) three judges of each Senate shall be chosen from the number of judges in the Supreme courts of the Federal Government. Only judges who have worked at least three years a Justice of the Supreme Court of the Federation should be selected.
§ 3 (1) which must judge that have reached age 40, be selectable to the Bundestag and writing have agreed to become a member of the Constitutional Court.
(2) you must have the qualifications for judicial office under the German judiciary Act or have acquired the qualification as an articled lawyer until October 3, 1990, in the area referred to in article 3 of the Unification Treaty, and may include a regulated legal profession under the settlement agreement.
(3) you can belong to the Bundestag, the Bundesrat, the Federal Government nor the corresponding institutions of a country. With her appointment, they retire from such organs.
(4) other professional activities as a teacher of law at a German University is incompatible with the judicial activity. The activity as a judge of the Constitutional Court is the occupation as a professor.
§ 4 (1) the term of Office of judges takes twelve years at the most until the age of retirement.
(2) a subsequent or future re-election of judges is excluded.
(3) age limit is the end of the month in which the judge the 68th age.
(4) after the expiration of the term, the judges continue their duties until the appointment of his successor.
§ 5 (1) the judges of each Senate are chosen half of the Bundestag and the Bundesrat. By the judges for appealing from the number of judges in the Supreme courts of the Federal two by another election body, by the other judges, three of which are one of the one that one, two of the other organ of choice in the Senate elected.
(2) the judges shall be chosen within one month after the first meeting of the Bundestag before the end of the term of Office of their predecessors, or, when the Bundestag is dissolved at this time, at least three months.
(3) a judge retires prematurely, so the successor is elected within one month by federal institution, has chosen the departing judges.
§ 6 (1) to appealing the federal judges are elected on proposal of the Election Committee under paragraph 2 without debate with hidden ballot. The judge is selected, who combines a majority of two-thirds of the votes, at least a majority of the votes of the members of the Bundestag to.
(2) the Bundestag elects an Election Committee for the judges of the Constitutional Court, which consists of twelve members of the Bundestag according to the rules of proportional representation. Each group can submit a proposal. The number of members on each proposal selected according to the maximum number of processes (d'Hondt) is calculated from the sum of the votes for each proposal. The members in the order appears in the her name on the proposal are chosen. A member of the election committee resigns or is prevented, it is replaced by the next member proposed on the same list.
(3) the oldest Member of the Election Committee immediately convene the members of the Election Committee in accordance with a notice of one week and leads the meeting, which continues until proposals for all judges to be elected are decided.
(4) the members of the Election Committee are them sworn to secrecy about the action in the Election Committee by known personal circumstances of the applicant and discussion plowed in the Election Committee and the vote required.
(5) a nomination shall be adopted at least eight votes of the members of the Election Committee.
Footnote § 6: The indirect election of the Federal Constitutional Court by the German Bundestag gem. § 6 BVerfGG is constitutional gem. BVerfGE v. 19.6.2012 (2 BvC 2/10) § 7 judges to appealing the Federal Council be elected with two-thirds of the votes of the Bundesrat.
Section 7a (1) not concluded the election a successor due to the provisions of § 6 period of two months after the expiration of the term or the premature retirement of a judge, the oldest Member of the Election Committee shall without delay the Federal Constitutional Court to ask, to make proposals for the election.
(2) the plenum of the Constitutional Court decides by a simple majority, who will be proposed for election as a judge. Only a judge is to decide as the Federal Constitutional Court has to propose three persons; several justices are at the same time to choose, the Federal Constitutional Court has to suggest twice as many persons as judges to select. Section 16, paragraph 2 shall apply mutatis mutandis.
(3) the judge by the Federal Council is to choose, paragraphs 1 and 2 subject to the proviso that takes the place of the oldest Member of the Election Committee of the President of the Federal Council or his deputy shall apply.
(4) the right of the electoral institution, to choose a proposed not by the Federal Constitutional Court, remains unaffected.
§ 8 (1) the Federal Minister of Justice and Consumer Affairs prepares a list of all federal judges, which meet the requirements of § 3 para 1 and 2.
(2) the Federal Minister of Justice and consumer protection results in another list, in which all persons to be, proposed by a faction of the Bundestag, the Federal Government or a land Government for the post of a judge at the Federal Constitutional Court and who meet the requirements of § 3 para 1 and 2.
(3) the lists are continuously complementing and not later than a week before an election to submit to the President of the Bundestag and the Bundesrat.
§ 9 select the President of the Constitutional Court and the Vice President (1) Bundestag and Bundesrat in the Exchange. The Vice President is to choose which does not belong to the President of the Senate.
(2) in the case of the first election, the Parliament elects the President, the Federal Council Vice President.
(3) the provisions of articles 6 and 7 shall apply mutatis mutandis.
10 the Federal President appoints the selected section.
Section 11 (1) the judges of the Constitutional Court take at the time of their duties before the Federal President following oath: "I swear that I will always faithfully uphold the Basic Law of the Federal Republic of Germany as a just judge and conscientiously fulfil my judicial duties towards everyone. So help me God."
Is the oath is made by a judge, the words "as a fair judge" will appear in place of the words "as a just judge".
(2) if the judge committed to a religious community, relatives the law allows the use of a different formula of assurance, so he could use them.
(3) the oath can be made without a religious asseveration formula.
§ May at any time request their dismissal from Office 12 judges of the Federal Constitutional Court. The President has to pronounce the dismissal.
§ 13 the Federal Constitutional Court decides 1 about the forfeiture of fundamental rights (article 18 of the Basic Law), 2nd on the unconstitutionality of parties (article 21 para 2 of the Basic Law), 3rd on appeals from decisions of the Parliament, concerning the validity of an election, or the acquisition or loss of membership of a member in the Bundestag (article 41 para 2 of the Basic Law), 3a.
on complaints by groups against their non-recognition as a party for the election to the Bundestag (article 93 paragraph 1 number 4c of the Constitution), 4 on accusations of the Bundestag or the Bundesrat against the Federal President (article 61 of the Basic Law), 5 on the interpretation of the Basic Law on the occasion of disputes about the scope of the rights and obligations of a top federal institution or other stakeholders are equipped by the basic act or in the rules of procedure of a top federal institution with its own rights (article 93 para. 1) No. 1 of the Basic Law), 6.
When disagreements or doubts about the formal or substantive compatibility of federal law or state law with the basic law or the compatibility of national law with other federal law at the request of the Federal Government, a provincial government, or a quarter of the members of the Bundestag (article 93 paragraph 1 No. 2 of the Basic Law), 6a.
When differences of opinion, whether a law the conditions of article 72 para 2 of the basic law is, at the request of the Federal Council, a provincial government or the representatives of the people of a country (article 93 para. 1 No. 2a of the Constitution), 6 b. Moreover, in the case of referred to in article 72 paragraph 4 paragraph 2 no longer exists the necessity for a federal regulation under article 72 or federal law in the cases of referred to in article 125a para 2 sentence 1 no longer could be adopted , at the request of the Federal Council, a provincial government or the representatives of the people of a country (article 93 para 2 of the Basic Law), 7 disagreements over rights and obligations of the Federal and State Governments, particularly in the execution of federal law by the countries and the exercise of federal supervision (article 93 para. 1 No. 3 and article 84 paragraph 4 sentence 2 of the Basic Law), 8th in other public disputes between the Federal Government and the laender , between different countries or within a country, as far as not an other legal recourse is given (article 93 para. 1 No. 4 of the Basic Law), 8a.
on constitutional complaints (article 93 para. 1 No. 4a and 4B of the Basic Law), 9 on judge charges against federal judges and State judges (article 98 (2) and 5 of the Basic Law), 10 about constitutional disputes within a country, if this decision by State law is assigned to the Federal Constitutional Court (article 99 of the Basic Law), 11 upon the validity of a federal law or a provincial law with the basic law or the compatibility of a national law or other State law with a federal law at the request of a court (article 100 para 1 of the Basic Law) , 11a.
on the compatibility of a decision of the German Bundestag for the establishment of a Committee of inquiry with the Basic Law on template according to § 36 para 2 of the Committee of inquiry law, 12 if in doubt about whether a rule of international law is part of federal law and whether she directly produces rights and obligations for individuals, on request of the Court (article 100 para 2 of the Basic Law), 13 if the Constitutional Court of a country in the interpretation of the basic law is different from a decision of the Constitutional Court or the Constitutional Court of another country to request of this Constitutional Court (article 100 para 3 of the Basic Law), 14 when differences of opinion over the Fort are by law as federal law (article 126 of the Basic Law), 15th in the him otherwise by federal law assigned to cases (article 93 para 3 of the Basic Law).
Section 14 (1) of the first Senate of the Federal Constitutional Court is responsible for standards control procedures (§ 13 No. 6 and 11), in which claimed mostly the incompatibility of a provision with fundamental rights or rights under articles 33, 101, 103 and 104 of the basic law is, as well as constitutional complaints with the exception of the constitutional complaints according to § 91 and the constitutional complaints in the field of the right to vote. Likewise, if a State Government together with an application to check (§ 13 No. 6) pursuant to sentence 1 an application according to § 13 No. 6a or 6B provides.
(2) the second Senate of the Federal Constitutional Court's jurisdiction in the cases of § 13 No. 1-5, 6a to 11a, 12 and 14, as well as for standards control procedures and constitutional complaints, which are assigned to not the first Senate.
(3) in the cases of § 13, Nos. 10 and 13 determines the jurisdiction of the Senate under the rule which can the plenum of the Constitutional Court paragraphs 1 and 2 (4) by way of derogation govern the jurisdiction of the Senate which with effect from the beginning of the next financial year of the paragraphs 1 to 3, if this has become as a result of not only a temporary overload of a Senate high-risers. The provision also applies to cases where no hearing or advice the decision has yet taken place. The decision shall be published in the Federal Law Gazette.
(5) if it is doubtful what Senate for a process is responsible, as a Committee, which consists of which two of each Senate for the duration of the fiscal year are appointed from the President, the Vice President and four judges decides. Vote the vote of the Chairman shall be decisive.
Section 15 (1) the President of the Constitutional Court and the Vice-President presiding in their Senate. They are represented by the longest-serving, with equal seniority the oldest life present judge of the Senate.
(2) every Senate is quorate if at least six members are present. A Senate in a process of particular urgency is not quorate, the presiding officer at a ballot, which so long to determine judges of the other Senate as a representative until the minimum is reached. The Chairman of the Senate can be determined as a representative. The further regulates the rules of procedure.
(3) to start consulting a thing can not join more judges. The Senate is incapable of decision, must be restarted after its supplement advice.
(4) in proceedings under section 13 No. 1, 2, 4 and 9 need a decision adverse to the defendant in each case a majority of two thirds of the members of the Senate. In addition, the majority of the members of the participating in the decision decides unless the law States otherwise. Vote a violation of the basic law or other federal law can not be determined.
The Senate appointed for the duration of a financial year section 15a (1) multiple chambers. Each Chamber consists of three judges. The composition of a Board should not be longer than three years remain unchanged.
(2) the Senate decides the distribution of applications according to section 80 and the constitutional complaints before the start of the fiscal year for its duration after the sections 90 and 91 on the rapporteur, the number and composition of the Chambers, as well as the representation of its members.
A Senate in a rights issue wants to deviate from the legal opinion contained in a decision of the other Senate section 16 (1), the plenum of the Constitutional Court shall decide about it.
(2) it is resolutionable, if of any Senate two-thirds of its judges are present.
II. General procedures section 17 unless otherwise determined under this Act, are part of Verfassungsgerichtliches procedure first section with regard to the public, the meeting police, the language of the courts, according to the rules of title 14-16 of the courts act to apply the consultation and coordination.
by way of derogation from section 169, sentence 2 of the courts act sound and television broadcast recordings, 2nd at the public announcement of decisions are section 17a (1) and allowed 1 at the hearing, has determined the presence of the parties involved sound and film recordings for the purposes of public demonstration or the publishing of their contents until the Court.
(2) to maintain protection worthy interests of stakeholders or third parties, as well as a proper performance of the procedure, the Federal Constitutional Court can pursuant to paragraph 1 or transferring them wholly or partly exclude the recordings or make them dependent upon adherence to regulations.
Article 18 (1) a judge of the Constitutional Court is from exercising his Office of judge excluded if 1 thing involved or married to one of the parties is, or was, a life partnership leads or led, related in a straight line or in-law or in the lateral line up to the third grade-related or up to is related by marriage to the second degree or 2nd on the same matter already by Office or profession has been active.
(2) involved is not interested in who is on the basis of his marital status, his profession, his ethnicity, membership of a political party or of a similar general point of view on the outcome of the proceedings.
(3) when activity in the sense of paragraph 1 No. 2 does not apply 1 participation in the legislative process, 2. the manifestation of a scientific opinion to a legal issue that can be important for the process.
Article 19 (1) a judge of the Constitutional Court of partiality is rejected so the Court, to the exclusion of the rejected; vote the vote of the Chairman shall be decisive.
(2) the refusal is justified. The rejected has to express itself. The rejection is irrelevant, if it is declared not later than at the beginning of the hearing.
(3) a judge who is not rejected, even for biased, declares that paragraph 1 shall apply mutatis mutandis.
(4) the Federal Constitutional Court said the rejection or even rejection of a judge to be well-founded, a judge of the other Senate as a representative is determined by lot. The Chairman of the Senate can be determined as a representative. The further regulates the rules of procedure.
§ Have 20 the parties the right of access to the file.
Section 21 when the procedure is requested by a group of persons or against a group of people, can the constitutional court order that she perceive their rights, particularly the right to presence in the appointment, by one or more officers can be.
(1) the parties are the European economic area or Switzerland, which has the qualification of judgeship, be represented as agent in any position of the proceedings by a lawyer or a teacher of law at a State or state-recognised higher education institution in a Member State of the European Union, of another Contracting State of the agreement on; at the hearing before the Federal Constitutional Court, they must be represented in this way. Legislative bodies and parts of them which are fitted in the Constitution or in the rules of procedure, with its own rights, may be represented by their members. The Federal, the State and its constitutional institutions have also represented by their officials if they have the qualification of judgeship or have acquired the qualifications for the senior management service on the basis of the required State exams. The Federal Constitutional Court can allow even someone other than support one of the parties.
(2) the power of Attorney is granted in writing. She must expressly refer to the procedure.
(3) a representative has been appointed, all releases of the Court on him be so addressed.
Applications that initiate the proceedings, section 23 (1) are to submit in writing before the Federal Constitutional Court. They are justified; the required evidence shall be indicated.
(2) the Chairman or, if a decision comes after § 93 c into consideration, the rapporteur is immediately with the prompt, the application to the defendant, other interested parties and third parties, to whom is given the opportunity to comment after § 27a, within a period to be determined to express.
(3) the Chairman or the rapporteur may give up any party to submit the required number of copies of its written pleadings and the contested decisions for the Court and the other interested parties within a period to be determined.
§ 24 inadmissible and manifestly unfounded cases can be discarded by a unanimous decision of the Court. The resolution requires no further justification, if the applicant has been previously advised on the concerns about the admissibility or merits of the application for.
Section 25 (1) that Federal Constitutional Court decides, as far as nothing else is determined on basic oral hearing, unless all parties expressly waive them.
(2) the decision on the basis of oral proceedings is issued as a judgment, the decision without oral proceedings as a decision.
(3) partial and interim decisions are allowed.
(4) the decisions of the Constitutional Court be issued "in the name of the people".
Section 25a of the oral proceedings runs a protocol. In addition, it is kept in a tape recording; the further regulates the rules of procedure.
Section 26 (1) the Federal Constitutional Court collects the evidence necessary for the research of the truth. It can therefore instruct a member of the Court outside the hearing or with limitation on certain facts and people ask about another court.
(2) on the basis of a decision by a majority of two-thirds of the votes of the Court, the attendance of individual documents can be omitted if it is incompatible with the State security.
§ Provide the Federal Constitutional Court legal and administrative assistance 27 all courts and administrative authorities. The Federal Constitutional Court requests files of proceedings, these are presented immediately.
section 27a may be knowledgeable third opportunity to comment the Federal Constitutional Court.
Section 28 (1) for the hearing of witnesses and experts No. 1, 2, 4 and 9 shall apply in the cases of § 13 the provisions of the code of criminal procedure, in all other cases the provisions of the code of civil procedure in accordance with.
(2) If a witness or expert only with the permission of a superior authority can be heard, this authorisation may be refused only if it requires the well-being of the Federation or a land. The witness or expert cannot rely on its confidentiality, if the Constitutional Court by a majority of two thirds of votes refusal of approving statement for unfounded.
§ 29 which are involved informed of all evidence dates and can attend to the taking of evidence. You can set questions to witnesses and experts. Is a question is challenged, the Court decides.
Section 30 (1) which decides Constitutional Court in secret deliberations after its free, from the contents of the negotiations and the result of evidence siphoned belief. The decision is to touch down in writing, substantiated and of those judges who have worked with her, to sign. It is then, when a hearing was held to announce publicly release the essential reasons for the decision. The date for the announcement of a decision can be announced at the hearing or set upon completion of the consultations; in this case, he is immediately to inform the interested parties. Not more than three months should range between the conclusion of the hearing and the announcement of the decision. The date may be transferred by decision of the Constitutional Court.
(2) a judge may resign his opinion to the decision or its reasoning in a dissenting vote consulting different represented; the special vote is to connect the decision. The Senate can tell the proportions in their decisions. The further regulates the rules of procedure.
(3) all decisions are to announce the participants.
Article 31 (1) the decisions of the Federal Constitutional Court bind the constitutional organs of the Federal and State Governments as well as all courts and authorities.
(2) in the cases of § 13 No. 6, 6a, 11, 12 and 14, the decision has force of the law of the Federal Constitutional Court. This is true even in the cases of § 13 No. 8a, if the Federal Constitutional Court declared compatible or incompatible or invalid a law than with the basic law. As far as a law than with the basic law or other federal law declared compatible or incompatible or invalid, the decision formula, by the Federal Ministry of Justice and consumer protection in the Federal Law Gazette shall be published. The same applies for the formula in the decision in the cases of § 13 No. 12 and 14.
Section 32 (1) the Federal Constitutional Court can regulate provisionally a State by interim order in the event of a dispute, if this is urgently needed to avert of severe disadvantages, to prevent imminent violence or another important reason for the common good.
(2) the interim order can be issued without oral proceedings. With particular urgency the Federal Constitutional Court can refrain from, to give the parties, eligible to join or expression of legitimate opportunity to comment on the procedure for the main thing.
(3) if the interim decision issued or rejected, so may be appealed. The constitutional complaint is not for the complainant in the proceedings. The Constitutional Court decides on the opposition after an oral hearing. This must occur within two weeks after the receipt of the grounds of opposition.
(4) the appeal of the injunction has no suspensive effect. The Federal Constitutional Court may suspend the enforcement of the interim measure.
(5) the Federal Constitutional Court to announce the decision on the injunction or the opposition without justification. In this case is the reason to submit the parties separately.
(6) the interim arrangement occurs after six months out of power. She can be repeated with a majority of two-thirds of the vote.
(7) a Senate is not quorate, so the injunction with particular urgency may be issued, if at least three members are present and the decision will be taken unanimously. It occurs after a month out of power. It is confirmed by the Senate, as it occurs after its adoption except force six months.
§ 33 (1) that Constitutional Court can suspend his procedures through completion of proceedings pending in another court if the findings or the decision of this Court of importance can be for his decision.
(2) the Federal Constitutional Court can apply the findings of a final judgment to his decision, which happened in a process to explore the truth by virtue.
Article 34 (1) the procedure of the Constitutional Court is free of charge.
(2) the Federal Constitutional Court may impose a fee up to 2,600 euros if the appeal of the constitutional complaint or the complaint para 2 of the basic law constitutes an abuse under article 41, or if an application for an interim order (§ 32) is abusive.
(3) article 59, paragraph 1, of the federal budget rules applies for the collection of the fee.
section 34a (1) proves the request for forfeiture of basic rights (§ 13 No. 1), the charges against the President (§ 13 No. 4) or a judge (§ 13 No. 9) as unfounded, the necessary expenses, including the costs of Defense are so the defendant or the defendants to replace.
(2) a constitutional complaint proves to be justified, the necessary costs incurred by the complainant as to reimburse all or part.
(3) in other cases, the Federal Constitutional Court may specify full or partial reimbursement of the expenses.
§ To determine 35 the Federal Constitutional Court in its decision who enforced them; It can regulate the manner of enforcement in individual cases.
Second section documents outside of the procedure section 35a concern outside the procedure selected applications on information out or viewing of files of the Federal Constitutional Court PII, so apply the regulations of the Federal Data Protection Act, so far as the following provisions apply no derogation.
§ may be granted 35B (1) information or inspection of files of the Federal Constitutional Court 1 public bodies, 2 individuals and other non-public bodies insofar as this is necessary for purposes of the administration of Justice, or which are requirements referred to in 6 to 9 of the Federal data protection act in § 14 para 2 No. 4, insofar as they present a legitimate interest for this purpose; Information and documents are to fail if the data subject has a legitimate interest in the refusal. § 16 ABS. 3 of the Federal Data Protection Act does not apply; the supply of the information and the granting of access to the file are to be noted in the file.
Information or access to the file may also be granted insofar as the person concerned has consented.
(2) inspection of files can only be granted when stating reasons is set out, that the granting of information to carry out the tasks of public authority requesting the inspection (paragraph 1 No. 1) or to the perception of the legitimate interest of the individual as the access to the file or other non-public authority (paragraph 1 would not be enough no. 2) or the granting of information would require a disproportionate effort.
(3) for any files that are not part of the file, information may only be granted if the applicant proves the consent to the place, whose files are; the same applies to access to the files.
(4) the acts of the Constitutional Court are not sent. In public places, they can be sent if paragraph 2 inspection can be granted this or if file inspection will be granted to an individual on the basis of special circumstances there.
(5) the archive-legal regulations apply for the inspection of the files of the Constitutional Court, which is kept at the German Federal Archives or by the Federal Archives as intermediate archival after a period of 30 years after completion of the procedure. This applies to drafts of judgements, decisions and orders, work on their preparation and documents relating to votes, after a period of 60 years. The Federal Constitutional Court reserves the right and priority right of recourse for the specified documents, which is kept at the German Federal Archives, for internal Court and litigation purposes. For this purpose, it is to send him immediately on request.
(6) the files to decisions, not intended for publication, including draft resolutions and orders, work on their preparation and documents relating to voting can be destroyed with the consent of the Federal Archives after 30 years.
(7) the files registered in the General registry operations are not been transferred in the process tab can be destroyed with the consent of the Federal Archives five years after the last available relating to the thing.
in a constitutional process to files for another verfassungsgerichtliches method use compromised personal data § 35 c that allowed Federal Constitutional Court.
III. part of individual types of procedure first section procedure in the cases of § 13 No. 1 section 36 which can request for decision in accordance with article 18 sentence 2 of the basic law by the Bundestag, are made by the Federal Government or a provincial government.
Section 37 gives opportunity to submit its observations within a period to be determined the respondent and then decides whether the application as inadmissible or as not sufficiently justified to reject or whether the transaction making is the Federal Constitutional Court.
Section 38 (1) after receipt of the application may order a seizure or search according to the regulations of the code of criminal procedure the Federal Constitutional Court.
(2) the Federal Constitutional Court may order a preliminary investigation to the preparation of the oral proceedings. The implementation of the preliminary investigation is to transfer a judge of Senate competent to the decision in the main.
The application proves to section 39 (1), finds the Constitutional Court which has forfeited rights of the defendant. It can limit the forfeiture at the time, at least for a year. The respondent's may impose exactly described restrictions also according to type and duration, as far as they do not affect others as forfeited rights. As far as require the authorities to intervene against the defendant of any further legal basis.
(2) the Federal Constitutional Court can deny the right to vote, eligibility, and the ability to the clothing of public offices to the defendant on the duration of the forfeiture of basic rights and legal persons arrange their resolution.
Section 40 is not temporary or pronounced for a longer period than one year the forfeiture, as can the Federal Constitutional Court, if two years have elapsed since the saying of the forfeiture, wholly or partially repeal the forfeiture at the request of the former applicant or defendant or shorten the duration of the forfeiture. The request can be repeated if one year has elapsed since the last decision of the Constitutional Court.
Section 41 decided objectively the Federal Constitutional Court on an application, so it can be repeated only against the same defendant, if he is based on new facts.
section 42 (fallen away) second section procedure in the cases of § 13 No. 2 § 43 (1) the request for decision as to whether a party is unconstitutional (article 21 para 2 of the Basic Law), can be made by the Bundestag, the Bundesrat or the Federal Government.
(2) a provincial government may file an application against a party, organizing is limited to the territory of their country.
§ Varies according to the statutory provisions, 44 representing the party in the alternative according to its statutes. The authorised representatives are not ascertainable or does not exist or have they changed after receipt of the application by the Constitutional Court, those individuals who are last actually ran the business of the party during the activity, which has caused the application to apply as authorized to represent.
Article 45 gives the opportunity to submit its observations within a period to be determined the authorized representatives (section 44) and then decides whether the application as inadmissible or as not sufficiently justified to reject or whether the transaction making is the Federal Constitutional Court.
Section 46 (1) the application proves as justified, so the Constitutional Court concludes that the political party is unconstitutional.
(2) the statement may be limited to a legally or organisationally independent part of a party.
(3) with the observation is the resolution of the party or of the autonomous part of the party and the prohibition on establishing a replacement organization to join. The Federal Constitutional Court can also pronounce the confiscation of the assets of the party or the independent part of the party in favour of the Federation or of the country for charitable purposes in this case.
§ 47 the provisions of sections 38 and 41 shall apply mutatis mutandis.
Third section procedure in the cases of § 13 No. 3 section 48 (1) the appeal filed against the decision of the Bundestag about the validity of an election, the violation of rights in the preparation or implementation of choice, as far as they are subject to the verification referred to in article 41 of the basic law, or the loss of membership in the Bundestag can the honourable Member, whose Mitgliedschaft is denied, a person eligible to vote or a group of eligible persons , whose opposition is been rejected by the Bundestag, raise a group or a minority of the Bundestag, which includes at least one-tenth of the statutory number of members, within a period of two months after the decision of the Bundestag the Federal Constitutional Court; the appeal is to establish within this period.
(2) the Federal Constitutional Court may waive a hearing, if you expect no more promotion of the process of it.
(3) turns out with examination of the appeal of an eligible person, or a group of eligible persons, that their rights have been violated, the Constitutional Court finds this violation if it tells not the election invalid.
Fourth section procedure in the cases of § 13 No. 4 paragraph 49 (1) which is indictment of the President due to wilful violation of the basic law or other federal law raised by filing an indictment at the Constitutional Court.
(2) on the basis of the decision of one of the two legislative bodies (article 61 para 1 of the Basic Law) whose President manufactures the indictment and they sent the Constitutional Court within one month.
(3) the indictment must describe the action or omission is due to the charges, the evidence and the provision of the Constitution or the law, which would be hurt. It must contain the statement that the adopted a resolution on charging the prosecution with a majority of two-thirds of the legal number of members of the Bundestag or from two-thirds of the votes of the Bundesrat.
§ Can be only within three months after your underlying fact of which Corporation known underwritten, the 50 charges.
51. the introduction and implementation of the procedure is caused by the resignation of the President, by his departure from Office, or by resolution of the Bundestag or the expiration of its term shall not affect.
Article 52 (1) the charges can be withdrawn until the pronouncement of the judgment on the basis of a decision of the applicant Corporation. The decision requires the consent of the majority of the legal number of members of the Bundestag or the majority of the votes of the Bundesrat.
(2) the charges will be withdrawn by sending a copy of the decision of the Federal Constitutional Court by the President of the applicant Corporation.
(3) the withdrawal of the indictment is invalid if it contradicts the Federal President within one month.
§ 53 which may constitutional court determine that the President in the performance of his duties is prevented from according to survey the accusation by injunction.
Section 54 (1) that Constitutional Court can order a preliminary investigation to the preparation of the oral proceedings; It must arrange them if the Prosecutor or the President requested it.
(2) the implementation of the preliminary investigation is to transfer a judge of Senate competent to the decision in the main.
Article 55 (1) decides the Federal Constitutional Court on the basis of oral proceedings.
(2) at the hearing, the Federal President is to load. There he is to point out, that is negotiated without him, if he fails your or is prematurely removed without sufficient reason.
(3) at the hearing, the representative of the applicant Corporation first contends the indictment.
(4) then the Federal President is given the opportunity to explain themselves to the prosecution.
(5) this is the collection of evidence.
(6) the representative of the prosecution with his request and the President with his defense is heard at the end. He has the last word.
Article 56 (1) in the judgment the Constitutional Court determines whether the President of a deliberate infringement of the Constitution or a federal law to label is guilty.
(2) in the case of conviction, the Federal Constitutional Court may declare the President of his Office had forfeited. The official loss occurs with the delivery of the judgment.
§ 57 a the Bundestag is copy of the judgment and reasons to send the Federal Council and the Federal Government.
Fifth section procedure in the cases of § 13 No. 9 section 58 (1) of the Bundestag against a federal judge makes the request referred to in article 98 para 2 of the basic law, the provisions of sections 49 to 55, with the exception of § 49 para 3 sentence 2 of sections 50 and 52 sentence 2 according to apply paragraph 1 shall.
(2) a breach in the Office accused the federal judge, so before final termination of the proceedings or, if previously for the same offences a formal disciplinary hearing, was not initiated prior to the opening of this procedure, the Bundestag decides. After the expiration of six months after the final termination of proceedings, in which the federal judge to guilty of the offence, the request is no longer allowed.
(3) except for the cases of paragraph 2 a request referred to in paragraph 1 is no longer allowed, if two years have elapsed since the breach.
(4) the request is represented before the Federal Constitutional Court by a representative of the Bundestag.
Section 59 (1) the Constitutional Court recognizes a of article 98 para 2 of the basic law provided for measures or on acquittal.
(2) recognizes the Federal Constitutional Court to dismiss, so the loss of the Office with which the judgment occurs.
(3) is detected on transfer in another Office or retirement, then the execution of the body responsible for the dismissal of the federal judge is.
(4) a copy of the judgment with reasons is the Federal President to send the Bundestag and the Federal Government.
Section 60 as long as proceedings before the Federal Constitutional Court is pending, is exposed that pending cases because of the same facts in a disciplinary court. Recognizes the Federal Constitutional Court to dismiss from Office or on the order of posting in another Office or retirement, so the disciplinary procedure is adjusted; in the other case, it will be continued.
Section 61 (1) the retrial will take place the sections 359 and 364 of the code of criminal procedure only in favour of the sentenced person and only on his request, or after his death at the request of his spouse, life partner or one of its descendants under the conditions. The legal base of the recovery, as well as the evidence must be specified in the request. The effectiveness of the judgment is not inhibited by the application for resumption.
(2) the Constitutional Court without hearing decides on approval of the application. The provisions of §§ 368, 369 para 1, 2 and 4 and the paragraphs 370 and 371 para 1 to 3 of the code of criminal procedure shall apply mutatis mutandis.
(3) in the new trial is to maintain the previous judgment or to identify a milder measure or on acquittal.
§ 62 as far as referred to in article 98 para otherwise continue 5 sentence 2 of the basic law land constitutional law, the provisions of this section also apply if the law of a country for national judges an article 98 meets regulation according to para 2 of the basic law.
Sixth section procedure in the cases of § 13 No. 5 section 63 can be only applicant and respondent: the President, the Bundestag, the Bundesrat, the Federal Government and the parts of these institutions equipped with its own rights in the basic act or in the rules of procedure of the Bundestag and the Bundesrat.
Article 64 (1) of the application is only admissible if the applicant asserts that he or the institution he belongs is violated by an action or omission of the defendant his rights conferred upon him by the basic law and obligations or directly at risk.
(2) in the application for the provision of the basic law is, is violated by the impugned measure or omission of the defendant.
(3) the application must be made within six months after the disputed measure or omission is known the subject.
(4) if the period for entry into force of this Act is passed, the application still within three months of entry into force can be made.
§ 65 (1) the applicant and the defendant can in any position of the procedure other § 63 called eligible join in, if the decision is also for their responsibilities of importance.
(2) the Constitutional Court is the Federal President, the Bundestag, the Federal Council and the Federal Government knowledge of the initiation of the proceeding.
Article 66 the Federal Constitutional Court can connect pending cases and is connected.
§ 66a in proceedings according to § 13 No. 5 in conjunction with article 2 par. 3 of the law of Committee of inquiry and procedure according to § 18 para 3 of the Committee of Inquiry Act, also in conjunction with sections 19 and 23 para 2 of the law of Committee of inquiry, can the Constitutional Court without hearing decide. The same applies to applications under section 14 of the Act on the parliamentary oversight of intelligence activities of the Federal Government in conjunction with section 63.
In his decision, § 67 the Federal Constitutional Court determines whether the disputed measure or omission of the defendant violates a provision of the basic law. The purpose is to call. The Federal Constitutional Court can decide at the same time a significant for the interpretation of the provision of the basic law question of law in the decision formula depends on which the determination referred to in sentence 1.
Seventh section procedure in the cases of § 13 No. 7 section 68 may be only applicant and respondent: for the Federal the Federal Government for a country of the State Government.
Section 69 shall apply mutatis mutandis the provisions of articles 64 to 67.
Article 70 the Federal Council under article 84 paragraph 4 sentence 1 of the basic law may be challenged only within one month of its decision.
Eighth section procedure in the cases of § 13 No. 8 § 71 (1) applicant and respondent can only be 1 in public disputes in accordance with article 93 para 1 No. 4 of the Constitution between the Federal and the State: the Federal Government and the State Governments.
2. in public disputes in accordance with article 93 para. 1 No. 4 of the basic law between countries: country Governments;
3. in the case of public disputes in accordance with article 93 para. 1 No. 4 of the basic law within a country:
are the Supreme organs of the country and the parts of these organs, if she be immediately affected by the dispute in their rights or responsibilities, equipped with its own rights in the State Constitution or the rules of procedure of the supreme organ of the country.
(2) the provisions of § 64 paragraph 3 shall apply mutatis mutandis.
Section 72 (1) that can Federal Constitutional Court in its decision the admissibility or inadmissibility of a measure to make refrain, undo 2. the obligation of the defendant, a measure, perform or tolerate, 3. grant on 1 the obligation provide.
(2) according to article 71, paragraph 1 No. 3 the Constitutional Court notes in the proceedings, whether the disputed measure or omission of the defendant violates a provision of the State Constitution. The provisions of § 67 sentences 2 and 3 shall apply by analogy.
Ninth section procedure in the cases of § 13 No. 10 section 73 (1) on a constitutional dispute within one country only the Supreme organs of this country, and that can be equipped parts of these organs involved in the State Constitution or the rules of procedure of the supreme organ of the country with its own rights.
(2) the provisions of § 64 paragraph 3 shall apply mutatis mutandis unless national law provides otherwise.
§ 74 not determined the law of the land, what content and what effect the decision of the Federal Constitutional Court can have, so article 72, paragraph 2 shall apply mutatis mutandis.
Section 75 of the procedure the General provisions of II. apply part of this law according to.
Tenth section procedure in the cases of § 13 No. 6 and 6a section 76 (1) the request of the Federal Government, a provincial government or a quarter of the members of the Bundestag under article 93 para 1 No. 2 of the basic law is only allowed if the applicant holds Federal or land law 1 because of its formal or material incompatible with the basic law or other federal law null and void or has 2 valid , after a court, an administrative authority or a body of the Federation or a land has not applied for the law as incompatible with the basic law or any other federal law.
(2) the request of the Federal Council, a provincial government or the representatives of the people of a country in accordance with article 93 para. 1 No. 2a of the Constitution is allowed only if the applicant para 2 of the basic law is a federal law for non-fulfilment of the conditions laid down in article 72 annulled; the application can be supported also suggest that the applicant holds the Federal law for non-fulfilment of the conditions laid down in article 75 para 2 of the basic law null and void.
§ 77 is the Federal Constitutional Court 1 in the cases of § 76 para 1 the Bundestag, the Bundesrat, the Federal Government, with disagreements over the validity of the Federal law also the provincial governments and for differences of opinion about the validity of a national standard of the representatives of the people and the Government of the country in which the standard was announced, 2. in the cases of section 76, paragraph 2 the Bundestag, the Bundesrat , the Federal Government and the parliaments and Governments of the countries within a period to be determined opportunity to submit its observations.
Section 78 is the Federal Constitutional Court concluded that federal law is incompatible with the basic law or land law with the basic law or other federal law, it shall declare the law null and void. Other provisions of the same Act for the same reasons with the basic law or other federal law are incompatible, she can explain the Federal Constitutional Court also annulled.
Section 79 (1) against a final criminal judgment, which is a standard based on a standard that is declared with the Constitution incompatible or according to § 78 annulled or the interpretation, which is the reopening of the case by the Constitutional Court to be incompatible with the basic law has been declared, according to the regulations of the code of criminal procedure permitted.
(2) in the other, the no longer actionable decisions based on a standard declared pursuant to § 78 annulled, affect subject to the provision of § 95 subsection 2 or a special legal regime. The enforcement of such a decision is inadmissible. As far as the enforcement making is according to the rules of civil procedure, the provisions of § 767 of the civil procedure code shall apply mutatis mutandis. Unjust enrichment claims are excluded.
Eleventh section procedure in the cases of § 13 are no. 11 and 11a section 80 (1) the conditions of article 100 para 1 of the basic law given, so the courts catch up immediately the decision of the Constitutional Court.
(2) the statement must specify how the Court's decision is dependent on the validity of the legislation and it is incompatible with the parent legislation. The files are attached.
(3) the request of the Court is independent of the allegation of invalidity of the legislation by a process.
§ Only decide the legal question 81 the Federal Constitutional Court.
Notice section 81a that Chamber can by unanimous decision the inadmissibility of an application according to § 80. The decision is limited to the Senate, if the application is lodged by a State constitutional court or a Justice of the Supreme Court of the Federation.
82 (1) the provisions of sections 77 to 79 apply accordingly §.
(2) the constitutional organs referred to in § 77 can join in any position of the procedure.
(3) the Federal Constitutional Court are also the parties to the proceedings before the Court, which has put forward the proposal, opportunity to submit its observations. It invites them to the hearing and gave the floor to the present Court lawyers.
(4) the Federal Constitutional Court may ask supreme judicial courts of the federal or Supreme tribunals to the communication, how and on the basis of which considerations they have so far interpreted the basic law in the contested question, whether and how they have applied the legislation at issue in their validity in their jurisdiction and which related legal issues to the decision are. It may also request they to present their concerns to a rights significant for the decision. The Constitutional Court is the expression of legitimate knowledge of the opinion.
section 82a (1) sections 80 to 82 are subject to paragraphs 2 and 3 apply accordingly for the verification of compatibility of a decision of the German Bundestag for the establishment of a Committee of inquiry with the Basic Law on template according to § 36 para 2 of the Act of Committee of inquiry.
(2) Äußerungsberechtigt are the Bundestag and the qualified minority under article 44 para 1 of the basic law, the appointment decision is based on their request. In addition, the Federal Constitutional Court be opportunity to submit its observations the Federal Government, the Federal Council, provincial governments, the qualified minority according to § 18 para 3 of the Act of Committee of inquiry and persons, as far as they are affected by the decision of establishment of.
(3) the Federal Constitutional Court can decide without oral proceedings.
Twelfth section procedure in the cases of § 13 No. 12 section 83 (1) that is constitutional in cases referred to in article 100 para 2 of the basic law in his decision that if the rule of law is part of federal law and whether she directly produces rights and obligations for individuals.
(2) the Federal Constitutional Court has before the Bundestag, be given the opportunity to submit its observations within a period to be determined the Federal Council and the Federal Government. You can join in any position of the procedure.
Article 84 the provisions of § shall apply accordingly § 80 and 82 para. 3.
Thirteenth section procedure in the cases of § 13 No. 13 is the decision of the Constitutional Court in accordance with article 85 (1) article to obtain 100 para 3 sentence 1 of the basic law, so the Constitutional Court of the country entertained his legal opinion files present.
(2) the Constitutional Court is the Federal Council, the Federal Government and, if it wants to deviate from a decision of the Constitutional Court of a country, this Court opportunity to submit its observations within a specified period.
(3) the Federal Constitutional Court decides only on the legal question.
Fourteenth section procedure in the cases of § 13 No. 14 § 86 of the Bundestag, the Federal Council, the Federal Government and the provincial governments are (1) grant.
(2) when dispute in judicial proceedings and significantly, whether a law as federal law continues applies, so the Court by analogy with application of article 80 has to catch up with the decision of the Constitutional Court.
Section 87 (1) the request of the Federal Council, the Federal Government or a provincial government is allowed only if the decision is dependent on the admissibility of an already completed or imminent action of a federal institution, a federal authority or the body or the authority of a country.
(2) must evaluate the existence of the condition referred to in paragraph 1 from the grounds of the application.
88. the provision of article 82 shall apply accordingly §.
§ 89 the Constitutional Court pronounces whether the Act wholly or partly in the entire Federal territory or a certain part of the Federal territory as federal law continue applies.
Fifteenth section procedure in the cases of § 13 No. 8a article 90
(1) anyone can with the assertion by the public authorities in one of his basic rights or one its the constitutional complaint rise in para 4, rights contained in article 33, 38, 101, 103 and 104 of the basic law to be violated, in article 20 to the Federal Constitutional Court.
(2) legal action is against the injury allowed the constitutional complaint may be filed only after the exhaustion of the legal process. The Constitutional Court may decide however immediately a constitutional complaint about a prior exhaustion of legal recourse if it is of general importance, or if a serious and unavoidable disadvantage would be the complainant, if he would first refer to the legal process.
(3) the right to raise a constitutional complaint to the Constitutional Court of the land, according to the law of the land Constitution remains unaffected.
§ 91 municipalities and municipal associations can raise the constitutional complaint by claiming, violating the provisions of article 28 of the basic law is a law of the Federation or of the country. The constitutional complaint to the Constitutional Court is excluded, as far as a complaint of violation of the right to self-government can be collected after the rights of the country at the State constitutional court.
Omission of the body or of the authority by which the complainant injured feel to call or § 91a (dropped out) are the right that is to be hurt, and the plot section 92 in support of the appeal.
Article 93 (1) which is to collect within a month and to establish constitutional complaint. The period begins with the delivery or informal communication of the decision taken in complete form if by virtue to make according to the relevant procedural regulations. In other cases, the time limit begins with the announcement of the decision or, if it is not to announce with its other notification to the complainant; is this a copy of the decision in the full form is not granted the complainant, so the period of sentence 1 this is interrupted, that the complainant applied for issuing a decision worded in complete form in writing or to the Court of Office. The interruption continues until the decision in the full form of the Court granted the appellant or delivered on its own initiative or by one of the parties to the proceedings.
(2) a complainant without fault was unable to meet this deadline, restitutio in integrum is him upon request to grant. The application shall within two weeks after removal of the obstacle to make. The facts in support of the application are in the application or in the proceedings on the request to make. Within the deadline, the omitted Act is to catch up; This is done, the reinstatement without request may be granted. After a year since the end of the missed deadline, the application is inadmissible. Fault on the part of the agent shall be equivalent to the fault of an appellant.
(3) the constitutional complaint is against a law or an other Act of sovereignty, against a legal action is not open, the constitutional complaint only within one year can be charged since the entry into force of the Act or the adoption of the Act of sovereignty.
(4) is a law in force prior to April 1, 1951, the constitutional complaint may be filed until April 1, 1952.
section 93a (1) the constitutional complaint requires the adoption of the decision.
(2) it is for the decision to assume a) as far as your fundamental constitutional importance, b) if it is shown to the enforcement of rights referred to in article 90, paragraph 1; This can be the case if by the refusal of the decision to the thing, a particularly severe disadvantage the appellant.
§ 93 b that Chamber can reject the adoption of the constitutional complaint or accept the constitutional complaint in the case of § 93 (c) of the decision. In addition the Senate decides on the adoption.
§ 93c (1) are the prerequisites of section 93a paragraph 2 point (b) and the relevant for assessing the constitutional complaint constitutional issue by the Federal Constitutional Court has already decided the constitutional appeal can give place when she is obviously justified. The decision shall be equivalent to a decision of the Senate. A decision that speaks to the effect of section 31, paragraph 2, that is incompatible or invalid a law with the basic law or other federal law, reserved for the Senate.
(2) the procedure article 94, paragraph 2 and 3 and § apply to 95 par. 1 and 2.
§ 93d (1) which decision was made 93 b and § 93 c according to § without oral proceedings. It is incontestable. The rejection of the adoption of the constitutional complaint need no justification.
(2) as long and as far as the Senate has not decided on the adoption of the constitutional complaint, the Board may adopt all decisions relating to the constitutional complaint procedure. Only the Senate can make an interim order with the application of a law wholly or partly exposed, § 32 paragraph 7 shall remain unaffected. The Senate decides in cases of § 32 para 3 (3) the rulings of the Chamber by unanimous decision. The adoption by the Senate is decided, if at least three judges to agree with her.
Section 94 (1) the Constitutional Court is the constitutional body of the Federal Government or the country, whose act or omission in the constitutional complaint is challenged, opportunity to comment within a period to be determined.
(2) the Act or omission made by a Minister or agency of the Federal Government or the country, opportunity to submit its observations to give is the competent Minister.
(3) the constitutional complaint is against a court decision, the Federal Constitutional Court is also the opportunity to submit its observations benefiting from the decision.
(4) the constitutional complaint is directly or indirectly against a law, section 77 shall apply mutatis mutandis.
(5) the constitutional bodies referred to in paragraphs 1, 2 and 4 may join the proceedings. The Federal Constitutional Court may waive oral hearing, if her no more promotion of the procedure can be expected and the constitutional institutions eligible to submit its comments, joined the proceedings, without oral proceedings.
Section 95 (1) will be accepted the constitutional complaint, is so in the decision to determine which provisions of the basic law and by which act or omission she was injured. At the same time, the Constitutional Court may make that any repeat of the contested measure violates the basic law.
(2) is successful constitutional complaint against a decision, so the Constitutional Court reverses the decision, in the cases of article 90 paragraph 2, sentence 1's refer back the case to a Court of competent jurisdiction.
(3) will be accepted the constitutional complaint against a law, to declare the law null and void. The same applies if you place the constitutional complaint pursuant to paragraph 2, because the repealed decision is based on an unconstitutional law. The provision of article 79 shall apply mutatis mutandis.
§ 95a (dropped out) Sixteenth section procedure in the cases of § 13 No. 6 b section 96 (1) out in support of a claim for article 93 para. 2 sentence 1 of the basic law must be the existence of article 93 para. 2 sentence 3 of the Basic Law condition referred to arise.
(2) the Constitutional Court gives opportunity to submit its observations the other eligible and the Bundestag and the Federal Government, within a period to be determined.
(3) a statement justified under paragraph 2 location of the procedure can join in everyone.
Seventeenth section procedure in the cases of § 13 number 3a section 96a associations and parties, which was denied recognition as a proposal entitled party according to § 18 paragraph 4 of federal election law are (1) Beschwerdeberechtigt.
(2) the appeal is to rise within a period of four days after the announcement of the decision at the meeting of the Federal Election Committee according to § 18 paragraph 4 sentence 2 of the federal election law and justified.
(3) section 32 does not apply.
§ 96 b the Federal Election Committee is to give the opportunity to submit its observations.
§ 96c the Constitutional Court can decide without conducting a hearing.
§ 96d the Constitutional Court to announce its decision without giving reasons. In this case, there is the explanatory statement separately to provide the complainant and the Federal Election Commission.
IV. part delay complaint section 97a (1) who as a result of unreasonable length of proceedings before the Federal Constitutional Court as a party or as a participant in a process that is used for the making of a decision of the Federal Constitutional Court will suffer a disadvantage, is adequately compensated. The appropriateness of the duration of the proceedings depends on the circumstances of the individual case, taking into account the tasks and the position of the Constitutional Court.
(2) a disadvantage which is not financial loss is suspected if proceedings before the Federal Constitutional Court has unduly long. For this purpose, compensation may be claimed only as far as compensation in other ways, in particular through the identification of the inadequacy of the duration of the proceedings, is not suited to the circumstances of the individual case. The compensation pursuant to sentence 2 is 1 200 euros for each year of delay. The amount referred to in sentence 3 is unreasonable in the circumstances of the case, the Constitutional Court may impose a higher or lower amount.
Article 97 will be decided b (1) compensation and reparation on the basis of a complaint to the Federal Constitutional Court (delay complaint). The delay complaint is only admissible if the complainant complained to the Federal Constitutional Court has criticised the length of the procedure (delay complaint). The delay complaint is in writing and presentation of the circumstances giving rise to the inappropriateness of the duration of the proceedings, to insert. She is allowed no earlier than twelve months after the receipt of the proceedings before the Federal Constitutional Court. An over-riding of the delay complaint is not required.
(2) the delay complaint can be instituted at the earliest six months after raising a plea of delay; is a decision of the Constitutional Court have been or the procedure has been done elsewhere, is to raise the delay complaint within three months. It is to put in writing and at the same time to establish. Pending the final decision on the delay complaint, the claim is non-transferable.
§ 97c (1) the delay of Appeal decides the appeal, in which the Assembly appoints two judges from each Senate. The regular term of Office is two years.
(2) in the event that the rapporteur on the disputed procedure is member of the Board of appeal, he is excluded from participation in the appeal proceedings.
(3 the bylaws govern) further, in particular the determination of the Presidency and ensuring a continuous Ridge for retiring Board members, as well as the representation in the Chamber.
§ 97d (1) the Rapporteur of the offending process to submit an opinion within one month after receipt of the grounds of the delay complaint.
(2) the Board of appeal shall decide with more-ness. Vote the delay complaint is deemed to be rejected. The Board of appeal shall decide without oral proceedings. The decision on the delay complaint requires no justification.
3. the decision is final.
paragraph 97e the §§ 97a-97d apply for methods that were already pending on December 3, 2011 and completed procedure, the duration of which is the subject of a complaint to the European Court of human rights on December 3, 2011 or still can be. For closed proceedings pursuant to sentence 1 § does not apply 97 b paragraph 1 sentence 2 to 5 § 97 b paragraph 2 shall apply with the proviso that the delay complaint may be raised immediately and must be collected on March 3, 2012 at the latest.
V. part final provisions article 98 (1) a judge of the Federal Constitutional Court occurs with end of term (§ 4 ABS. 1, 3, and 4) to retire.
(2) a judge of the Federal Constitutional Court is put in retirement for permanent invalidity.
(3) a judge of the Constitutional Court is to put, if he has held office as a judge of the Federal Constitutional Court at least six years, and when he has reached age 1 that has reached age 65 or 2. severely disabled person within the meaning of section 2 of the ninth book of the social code and the 60th on request without proof of invalidity in retirement.
(4) in the cases of paragraph 3, section 4, paragraph 4 shall apply mutatis mutandis.
(5) a retired judge receives a pension. The pension is calculated on the basis of the salary, most recently granted to the judges according to the law on the official salary of the members of the Constitutional Court. The same applies for the survivor.
(6) section 70 of the officials supply Act shall apply mutatis mutandis.
§ 99 (dropped out) section 100 (1) the duties of a judge of the Federal Constitutional Court ends according to § 12, so he receives a transitional allowance in the amount of his salary, when his Office at least two years has held, for the period of one year in accordance with the law on the official salary of the members of the Constitutional Court. This does not apply to the case of entry into retirement under section 98 (2) the relatives of a former judge of the Constitutional Court, referred to the time of his death transition money, receive death benefit as well as for the rest of the duration of the transitional allowance for widows and orphan's pension; Death benefit, widow's and orphan's pension are calculated from the transitional allowance.
Section 101 (1) a judge of the Federal Constitutional Court of elected officials or judges subject to the provisions of section 70 of the German Judges Act appointing retires from his previous post. The rights established in the employment as a civil servant or judge and obligations rest for the duration of the Office as a judge of the Constitutional Court. The claim on the healing process remains unaffected at accident injured officials or judges.
(2) ending the Office as a judge of the Constitutional Court, so is the officials or judges, when no other Office is transferred him from his employment as a civil servant or judge to retire and receive the pension he would have received in his previous post under additional period of service as a judge of the Constitutional Court. Insofar as civil servants or judges, who are not federal agents or federal judge, the Federal Government reimbursed the employer the pension and the surviving references.
(3) paragraphs 1 and 2 do not apply to permanent teacher of law at a German University. For the duration of their office as judges of the Federal Constitutional Court, basically rest their obligations arising from the employment relationship as a teacher. Reimbursement from the employment relationship as a teacher two-thirds to the remuneration due to them as a judge of the Constitutional Court are counted. The Federal Government arising through his representation of actual expenditure reimbursed the employer of the University up the charged amounts.
Section 102 (1) a pension are entitled to a former judge of the Constitutional Court according to § 101, so is this claim for the period for which is to pay him pension or transfer money § 98 or section 100, up to the amount of this remuneration.
(2) is a former judge of the Constitutional Court, involving transitional money § 100, is reused in the public service, the income from this use on the transitional allowance is applied.
(3) a former judge of the Constitutional Court salaries, emerit pay or pension from a related before or during his tenure as Federal Constitutional Court justified employment as a university lecturer, so the pension or transfer money from the Office of judge rest in addition to reimbursement insofar as they together exceed the official salary increased by the amount free according to § 101 paragraph 3 sentence 3 credit; In addition to the emerit references or the pension from the employment as a university lecturer, the pension or transfer money from judicial office be granted up to the achievement of the pension arising on the basis of the entire pension-eligible service period and the content of the Office plus the free credit amount according to § 101 paragraph 3 sentence 3.
(4) paragraphs 1 to 3 shall apply mutatis mutandis for the bereaved. Sentence 2 of the officials supply Act shall apply mutatis mutandis to article 54, paragraph 3 and paragraph 4.
As far as nothing else is determined in sections 98 to 102, supply legal and State aid rules applicable to federal judges apply section 103 on the judges of the Constitutional Court; Times of an activity, which is useful for the perception of the Office of the judge of the Constitutional Court, are no. 3 in the sense of § 11 para 1 letter a of the officials supply Act. The supply legal decisions of the President of the Constitutional Court.
Section 104 (1) a lawyer is appointed a judge of the Federal Constitutional Court, to rest his rights under the registration for the duration of his duties.
(2) a notary public was appointed a judge of the Federal Constitutional Court, article 101, paragraph 1, sentence 2 shall apply accordingly.
Article 105 (1) that Constitutional Court can authorize the President 1 permanent invalidity retirement to a judge of the Constitutional Court;
2. a judge of the Federal Constitutional Court to dismiss if he is res judicata because a degrading act or to a custodial sentence of more than six months, or if he is a so gross breach of duty guilty has made, that his continued presence in Office is excluded.
(2) the plenum of the Constitutional Court decides on the initiation of proceedings pursuant to paragraph 1.
(3) the General rules of procedure, as well as the regulations apply accordingly § 54 para 1 and article 55, paragraph 1, 2, 4 to 6.
(4) the authorization referred to in paragraph 1 the consent of two-thirds of the members of the Court.
(5) after the initiation of the procedure under paragraph 2 the plenum of the Constitutional Court can impeach for the time being the judge. The same applies if against the judge of a criminal offence the main procedure has been opened. The provisional removal of the Office requires the consent of two-thirds of the members of the Court.
(6) with the dismissal pursuant to paragraph 1 No. 2 the judge loses all claims from his Office.
Section 106 (entry into force) Article 107 (dropped out)
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