Law on the Federal Constitutional Court (Federal Constitutional Court Act-BVerfGG)

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BVerfGG

Date of completion: 12.03.1951

Full quote:

" Federal Constitutional Court Act, as amended by the Notice of 11 August 1993 (BGBl. 1473), as last amended by Article 8 of the Regulation of 31 August 2015 (BGBl). I p. 1474).

Status:	New by Bek. v. 11.8.1993 I 1473;
	Last amended by Art. 8 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.11.1977 + + +) 
(+ + + measures due to EinigVtr cf.  BVerfGG Annex EV, 
 not to be applied in accordance with  Art. 76 N ° 3 G v. 23.11.2007 I 2614 mWv   
 30.11.2007 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 123/2006 (CELEX Nr: 32006L0123)  Art. 11   
 G v. 22.12.2010 I 2248 + + +) 

  

Heading: short transcript and Letter abbreviation inserted. by Article 1 (1) G v. 2.8.1993 I 1442 mWv 11.8.1993

I. Part
Constitution and jurisdiction of the Federal Constitutional Court

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§ 1

(1) The Federal Constitutional Court is an independent and independent Court of Justice of the Federal Republic of Germany. (2) The seat of the Federal Constitutional Court is Karlsruhe. (3) The Federal Constitutional Court is a member of the Federal Constitutional Court. Rules of procedure which the plenary decides. Unofficial table of contents

§ 2

(1) The Federal Constitutional Court consists of two senates. (2) In each Senate, eight judges are elected. (3) Three judges of each Senate shall be elected from the number of judges in the Supreme Court of Justice of the Federal Republic. Only judges who have been working at a Supreme Court of the Federal Republic for at least three years are to be elected. Unofficial table of contents

§ 3

(1) The judges must be the 40. You have to be elected to the Bundestag and have agreed in writing to become a member of the Federal Constitutional Court. (2) You must have the competence to the judge's office in accordance with the German Judge Act or up to the 3rd party. (3) You may not be able to take up a legally regulated profession in accordance with the provisions of the Agreement. (3) You may not be entitled to: The Bundestag, the Bundesrat, the Federal Government, and the corresponding organs of a country belong to it. With their appointment they are divorced from such bodies. (4) In the case of judicial activity, another professional activity is incompatible with that of a teacher of the right at a German university. The work as a judge of the Federal Constitutional Court goes to work as a university lecturer. Unofficial table of contents

§ 4

(1) The term of office of the judges lasts twelve years, at the most up to the age limit. (2) A subsequent or subsequent re-election of the judges is ruled out. (3) Age limit is the end of the month in which the judge is the 68. (4) After the end of the term of office, the judges shall continue their duties until the appointment of the successor. Unofficial table of contents

§ 5

(1) The judges of each Senate are elected half by the Bundestag and by the Bundesrat. Of the judges to be appointed from the number of judges in the supreme courts of the Federation shall be one of the one, two of the other electoral organ, of the other judges three of the one, two of the other electoral organ in the Senate (2) The judges shall not be elected at the earliest three months before the expiry of the term of office of their predecessors or, if the Bundestag is dissolved in that period, within one month after the first meeting of the Bundestag. (3) A judge will be divorced prematurely, the successor shall be elected within one month by the same federal institution which shall: -retired judge. Unofficial table of contents

§ 6

(1) The judges to be appointed by the Bundestag shall be elected on a proposal from the Election Committee referred to in paragraph 2 without debate with covert ballot papers. The judge shall be elected, who shall have a majority of two-thirds of the votes cast, at least the majority of the votes of the members of the Bundestag. (2) The Bundestag shall elect a electoral committee in accordance with the rules of proportional representation. the judges of the Federal Constitutional Court, which consists of twelve members of the Bundestag. Any political group may table a proposal. From the sums of votes cast for each proposal, the number of members elected to each proposal shall be calculated in accordance with the maximum payment procedure (d' Hondt). The members shall be elected in the order in which their name appears on the proposal. If a member of the electoral committee fails or is prevented from voting, it shall be replaced by the next member proposed on the same list. (3) The oldest member of the electoral committee shall immediately convene the members of the electoral committee (4) The members of the Election Committee shall be in a position to secrecy on the members of the Committee of the European Parliament, which shall have the right to vote. (4) The members of the electoral committee shall be kept informed of the nature of the meetings held by the members of the Committee. Work in the Electoral Committee of the personal circumstances of the (5) A nomination shall be decided by at least eight votes of the members of the Electoral Committee.

Footnote

§ 6: The indirect election of the Federal Constitutional Court judges by the German Bundestag in accordance with. § 6 BVerfGG is constitutional in accordance with. BVerfGE v. 19.6.2012 (2 BvC 2/10) Unofficial table of contents

§ 7

The judges to be appointed by the Federal Council are elected by two thirds of the votes of the Bundesrat. Unofficial table of contents

§ 7a

(1) If, within two months of the expiry of the term of office or the early departure of a judge, the election of a successor shall not be established on the basis of the provisions of § 6, the oldest member of the electoral committee shall immediately to ask the Federal Constitutional Court to make proposals for the election. (2) The plenary of the Federal Constitutional Court decides by a simple majority who is to be proposed as a judge for election. If only one judge is to be elected, the Federal Constitutional Court shall propose three persons; if several judges are to be elected at the same time, the Federal Constitutional Court shall propose twice as many persons as judges to choose. (3) If the Judge is to be elected by the Federal Council, paragraphs 1 and 2 shall apply with the proviso that the President of the Federal Council or his deputy shall replace the oldest member of the Electoral Committee. (4) The The right of the electoral body to choose a proposal not proposed by the Federal Constitutional Court shall remain unaffected. Unofficial table of contents

§ 8

(1) The Federal Ministry of Justice and Consumer Protection shall draw up a list of all federal judges who fulfil the conditions set out in § 3 (1) and (2). (2) The Federal Ministry of Justice and Consumer Protection shall list a further list, in that are to be taken up by all persons who are proposed by a parliamentary group, the federal government or a state government for the office of a judge at the Federal Constitutional Court, and which are subject to the conditions of § 3 (1) and (2) (3) The lists shall be completed on an ongoing basis and at the latest one week before an election President of the Bundestag and the Federal Council. Unofficial table of contents

§ 9

(1) The Bundestag and the Bundesrat shall elect the President of the Federal Constitutional Court and the Vice-President. The Vice-President is to be elected from the Senate, to which the President is not a member. (2) In the first election, the Bundestag elects the President, the Bundesrat the Vice-President. (3) The provisions of § § 6 and 7 shall apply accordingly. Unofficial table of contents

§ 10

The Federal President shall appoint the elected representatives. Unofficial table of contents

§ 11

(1) The judges of the Federal Constitutional Court shall make the following oath before the President of the Federal Republic of Germany when they enter their office:

" I swear that as a just judge I will always faithfully uphold the Basic Law of the Federal Republic of Germany and perform my judicial duties in a conscientious manner with regard to everyone. So help me God. "

If the oath is made by a judge, the words "as a righteous judge" shall be replaced by the words "as a righteous judge". (2) The judge consenting to a religious community whose members the law makes use of a law of the law. (3) The oath can also be made without a religious formula of betting. (3) Unofficial table of contents

§ 12

The Judges of the Federal Constitutional Court can apply for their dismissal from the Office at any time. The President of the Federal Republic of Germany has the dismissal. Unofficial table of contents

§ 13

The Federal Constitutional Court decides

1.

on the effects of fundamental rights (Article 18 of the Basic Law),

2.

on the unconstitutionality of parties (Article 21 (2) of the Basic Law),

3.

on complaints against decisions of the Bundestag concerning the validity of an election or the acquisition or loss of the membership of a Member of the Bundestag (Article 41 (2) of the Basic Law),

3a.

on complaints from associations against their non-recognition as a party for the election to the Bundestag (Article 93 (1) (4c) of the Basic Law),

4.

on accusation of the Bundestag or the Bundesrat against the Federal President (Article 61 of the Basic Law),

5.

on the interpretation of the Basic Law arising from disputes on the scope of the rights and duties of a supreme federal body or other interested party, by means of the Basic Law or in the Rules of Procedure of a supreme federal body with its own Rights are provided (Article 93 (1) (1) of the Basic Law),

6.

in the case of disagreements or doubts about the formal or factual compatibility of federal law or national law with the Basic Law or the compatibility of national law with other federal law at the request of the Federal Government, a Federal Government or one-quarter of the members of the Bundestag (Article 93 (1) (2) of the Basic Law),

6a.

in the event of disagreement as to whether a law complies with the conditions laid down in Article 72 (2) of the Basic Law, at the request of the Bundesrat, a federal state government or the national representation of a country (Article 93 (1) (2a) of the Basic Law),

6b.

whether, in the case of Article 72 (4), the necessity for a federal regulation pursuant to Article 72 (2) no longer exists or that federal law could no longer be adopted in the cases referred to in Article 125a (2) sentence 1, at the request of the Federal Council, a Land government or the People's Representation of a country (Article 93 (2) of the Basic Law),

7.

in the event of disagreement on the rights and obligations of the Federal Government and the Länder, in particular in the implementation of federal law by the Länder and in the exercise of federal supervision (Article 93 (1) (3) and Article 84 (4) sentence 2 of the basic law),

8.

in other public-law disputes between the Federal Government and the Länder, between different countries or within a country, unless another legal path is given (Article 93 (1) (4) of the Basic Law),

8a.

on constitutional complaints (Article 93 (1) (4a) and (4b) of the Basic Law),

9.

on judges ' charges against federal judges and national judges (Article 98 (2) and (5) of the Basic Law),

10.

on constitutional disputes within a country, if this decision is assigned by Land Law to the Federal Constitutional Court (Article 99 of the Basic Law),

11.

on the compatibility of a federal law or a federal state law with the Basic Law or the compatibility of a federal state law or other state law with a federal law at the request of a court (Article 100 (1) of the Basic Law),

11a.

on the compatibility of a decision of the German Bundestag on the establishment of a committee of inquiry with the Basic Law on submission in accordance with Section 36 (2) of the Committee of Inquiry into Inquiry,

12.

In the case of doubt as to whether a rule of international law is a part of the federal law and whether it directly generates rights and obligations for the individual, at the request of the court (Article 100 (2) of the Basic Law),

13.

if the Constitutional Court of a country wishes to derogate from a decision of the Federal Constitutional Court or of the Constitutional Court of another country in the interpretation of the Basic Law, at the request of this Constitutional Court (Article 100 (3) of the Basic Law),

14.

in the event of disagreement over the continuation of law as federal law (Article 126 of the Basic Law),

15.

in the cases otherwise assigned to him by federal law (Article 93 (3) of the Basic Law).

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§ 14

(1) The First Senate of the Federal Constitutional Court is in charge of standards control procedures (§ 13 Nos. 6 and 11), in which the incompatibility of a provision with fundamental rights or rights under Articles 33, 101, 103 and 104 of the Federal Constitutional Court is primarily the responsibility of the Federal Constitutional Court. Basic law, as well as for constitutional complaints with the exception of constitutional complaints in accordance with § 91 and the constitutional complaints from the area of the electoral law. The same applies if a federal state government, together with a request for a regulation (§ 13 No. 6), makes an application in accordance with Section 13 (6a) or (6b). (2) The Second Senate of the Federal Constitutional Court is responsible in the cases of § 13 No. 1 to 5, 6a to 11a, 12 and 14, as well as for standards control procedures and constitutional complaints which are not assigned to the First Senate. (3) In the cases of § 13 Nos. 10 and 13, the powers of the Senate are determined by the rule of paragraphs 1 and 2. (4) Plenary of the Federal Constitutional Court with effect from the beginning of the next financial year The competence of the Senate, by way of derogation from paragraphs 1 to 3, shall be settled where this has become inexorable as a result of a not only temporary overloading of a Senate. The scheme shall also apply to pending proceedings in respect of which no oral proceedings or deliberations of the decision have taken place. The decision will be published in the Bundesgesetzblatt (Bundesgesetzblatt). (5) If it is doubtful which Senate is responsible for a procedure, a committee consisting of the President, the Vice-President and four Judges shall decide on them, two of which shall be appointed shall be appointed by each Senate for the duration of the financial year. In the event of a tie, the Chairman's vote shall indicate the rash. Unofficial table of contents

§ 15

(1) The President of the Federal Constitutional Court and the Vice-President shall hold the Chair in their Senate. They are represented by the oldest judge of the senate, who is the oldest of the most senior citizens of the same senate. (2) Each Senate is quorum if at least six judges are present. If a Senate is not quorum in a procedure of particular urgency, the Chairman shall assign a lottery procedure to determine, until the minimum number has been reached, the judge of the other Senate as a representative. The chairmen of the Senate cannot be designated as representatives. The more detailed rules are laid down in the Rules of Procedure. (3) After the beginning of the deliberations of one case, further judges cannot be added. If the Senate is unable to take a decision, the consultation must be restarted after completion. (4) In the procedure provided for in Article 13 (1), (2), (4) and (9), a decision detrimental to the defendant in any case requires a majority of two-thirds of the Members of the Senate. Moreover, the majority of the members of the senate who are involved in the decision shall decide, unless the law otherwise determines otherwise. In the event of a tie, a violation of the Basic Law or other federal law cannot be established. Unofficial table of contents

Section 15a

(1) The Senate shall appoint a number of Chambers for the period of one financial year. Each chamber is made up of three judges. The composition of a board shall not remain unchanged for more than three years. (2) Before the beginning of a financial year, the senate shall decide on the distribution of the applications pursuant to § 80 and the constitutional complaints in accordance with § § 90 and 91 for the duration of this financial year. the rapporteurs, the number and composition of the Chambers, and the representation of their members. Unofficial table of contents

§ 16

(1) If a Senate deviates from the legal opinion contained in a decision of the other Senate in a legal matter, the plenary of the Federal Constitutional Court decides on it. (2) It is quorum if two-thirds of the senate's senate of his judges.

II. Part
Constitutional procedure

First section
General procedural rules

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§ 17

Unless otherwise provided in this Act, the provisions of Titles 14 to 16 of the Law of the Judicial Constitution shall be applied accordingly with regard to the public, the seat police, the court language, the consultation and the vote. Unofficial table of contents

§ 17a

(1) By way of derogation from Section 169, second sentence, of the Law of the Court of Justice, sound and television broadcast recordings as well as audio and film recordings are permissible for the purpose of public screening or the publication of their content.

1.

in the oral proceedings until the Court of First Instance established the presence of the parties concerned,

2.

in the public proclamation of decisions.

(2) In order to protect the interests of the parties or third parties that are worthy of protection, and to ensure that the proceedings are properly conducted, the Federal Constitutional Court may, in whole or in part, exclude the recordings referred to in paragraph 1 or their transfer, or from the Make compliance subject to conditions. Unofficial table of contents

§ 18

(1) A judge of the Federal Constitutional Court shall be excluded from the exercise of his judicial office if he

1.

is involved in the case or is or has been married to a participant, a life partnership leads or led, in a straight line related or conserved or in the sideline to the third degree related or up to the second grade has been underpondered or

2.

has already been active in the same case on the basis of his/her duties or professional duties.

(2) The person concerned is not who is interested in the outcome of the proceedings on the basis of his family status, his profession, his ancestry, his membership of a political party or from a similar general point of view. (3) As an activity within the meaning of paragraph 1 (2) shall not apply:

1.

participation in the legislative procedure,

2.

the expression of a scientific opinion on a legal matter which may be significant for the procedure.

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§ 19

(1) If a Judge of the Federal Constitutional Court is rejected for concern of partiality, the court shall decide in the absence of the rejection; in the event of a tied vote, the Chairman's vote shall give the strike. (2) The rejection shall be Reasons. The distracted person has to comment on this. The rejection shall be incontetable if it is not declared at the latest at the beginning of the oral proceedings. (3) If a judge who is not rejected is to be declared, paragraph 1 shall be deemed appropriate. (4) If the Federal Constitutional Court has the A judge's rejection or self-repudiation shall be declared to be justified by lot of a judge of the other Senate as a representative. The chairmen of the Senate cannot be designated as representatives. The Rules of Procedure shall be laid down in Unofficial table of contents

§ 20

The parties shall have the right of access to the file. Unofficial table of contents

Section 21

If the proceedings are requested by a person group or against a group of persons, the Federal Constitutional Court may order that they exercise their rights, in particular the right to be present in the appointment, by one or more agents . Unofficial table of contents

Section 22

(1) The parties to the proceedings may, in any position of the proceedings, be established by a lawyer or a legal teacher at a State or State-recognised institution of a Member State of the European Union, another Contracting State of the European Union. Agreement on the European Economic Area or Switzerland, which has the competence of the judge's office, to be represented as plenipotentiaries; in the oral proceedings before the Federal Constitutional Court, they must be represented in this manner . Legislative bodies and parts of them, which are endowed with their own rights in the Constitution or in the Rules of Procedure, may also be represented by their members. The Federal Government, the Länder and their constitutional bodies may also be represented by their officials, insofar as they possess the competence of the judge's office or, on the basis of the required state examinations, the qualification for the higher administrative service. have been acquired. The Federal Constitutional Court may also allow another person to be a member of a party. (2) The power of atonation shall be given in writing. It must expressly refer to the proceedings. (3) If an authorised representative is appointed, all communications of the court shall be addressed to him. Unofficial table of contents

Section 23

(1) Applications which initiate the proceedings shall be submitted in writing to the Federal Constitutional Court. (2) The chairman or, if a decision is taken into consideration in accordance with Article 93c, the rapporteur shall submit the application to the defendant, to the other parties and to the third party, (3) The Chairman or the rapporteur may give up any party within a period of time to be given the opportunity to comment on the matter within a period to be determined. shall determine the required number of copies of its pleadings and of the for the Court of First Instance and for the other parties involved. Unofficial table of contents

§ 24

Any inadmissible or manifestly unsubstantiated requests may be rejected by a unanimous decision of the Court of First Instance. The decision shall not require any further justification if the applicant has previously been informed of the concerns raised against the admissibility or the merits of his application. Unofficial table of contents

Section 25

(1) The Federal Constitutional Court decides, unless otherwise specified, on the basis of oral proceedings, unless all parties expressly renounce it. (2) The decision on the basis of oral proceedings shall be deemed to be a verdict, the decision without oral proceedings as a decision. (3) Part-and intermediate decisions are admissible. (4) The decisions of the Federal Constitutional Court are to be taken "in the name of the people". Unofficial table of contents

Section 25a

A protocol will be held on the oral proceedings. In addition, it is recorded in a tape recording; the more detailed rules are laid down in the Rules of Procedure. Unofficial table of contents

Section 26

(1) The Federal Constitutional Court shall collect the evidence necessary for the investigation of the truth. It may therefore appoint a member of the Court of First Instance outside the oral proceedings or request a different court with a limitation to certain facts and persons. (2) On the basis of a decision by a majority of two thirds of the The Court of First Instance shall be entitled to refrain from the confiscation of individual documents if their use is incompatible with State security. Unofficial table of contents

§ 27

All courts and administrative authorities shall provide legal and administrative assistance to the Federal Constitutional Court. If the Federal Constitutional Court requests files of an initial procedure, it shall be submitted directly to it. Unofficial table of contents

§ 27a

The Federal Constitutional Court may give a knowledgeable third party an opportunity to comment. Unofficial table of contents

§ 28

(1) In the cases of Section 13 (1), (2), (4) and (9), the provisions of the Code of Criminal Procedure shall apply to the hearing of witnesses and experts, and in other cases the provisions of the Code of Civil Procedure shall apply. (2) As far as a witness or If an expert is only allowed to be heard with the permission of a given body, this authorisation may be refused only if it requires the good of the federal or a country. The witness or expert may not rely on his obligation of secrecy if the Federal Constitutional Court, by a majority of two-thirds of the votes, declares the refusal to grant the exception for unjustified reasons. Unofficial table of contents

§ 29

The participants will be notified of all evidence and will be able to attend the evidence. They may address questions to witnesses and experts. If a question is objected to, the court shall decide. Unofficial table of contents

§ 30

(1) The Federal Constitutional Court decides in secret deliberation on the basis of its free conviction, taken from the content of the trial and the result of the taking of evidence. The decision shall be drawn up in writing, to be justified and to be signed by the judges who have contributed to it. It shall then be publicly proclaimed when an oral hearing has taken place, in the light of the main reasons for its decision. The date of delivery of a decision may be announced at the oral hearing or may be fixed after the conclusion of the deliberations, in which case it shall be notified without delay to the parties concerned. No more than three months shall be between the conclusion of the oral proceedings and the announcement of the decision. The date may be laid down by decision of the Federal Constitutional Court. (2) A judge may lay down his or her opinion on the decision or on the grounds of the decision in a special vote; the special vote shall be the Decision to be followed. In their decisions, the Senate can communicate the voice of the votes. (3) All decisions shall be communicated to the parties concerned. Unofficial table of contents

Section 31

(1) The decisions of the Federal Constitutional Court bind the constitutional bodies of the Federation and of the Länder as well as all courts and authorities. (2) In the cases of § 13 No. 6, 6a, 11, 12 and 14 the decision of the Federal Constitutional Court Legal force. This also applies in the cases of § 13 No. 8a if the Federal Constitutional Court declares a law to be compatible with the Basic Law or to be annulled or annulled. To the extent that a law is deemed to be compatible or incompatible with the Basic Law or other federal law, the decision-making formula shall be published by the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazans . The same applies to the decision-making formula in the cases of § 13 No. 12 and 14. Unofficial table of contents

Section 32

(1) In the event of a dispute, the Federal Constitutional Court may provisionally regulate a state by interim order if this is urgent for the defence of serious disadvantages, for the prevention of imminent violence or for another important reason for the common good. (2) The injunction can be taken without oral proceedings. In the event of a particular urgency, the Federal Constitutional Court may refuse to give an opportunity for comment to the parties involved in the proceedings, whether they are entitled to accede to the proceedings or those entitled to the outside. (3) If the injunction is to be may be adopted or rejected by decision, it may be objection. This does not apply to the complainant in the proceedings of the constitutional complaint. The Federal Constitutional Court decides on the appeal after oral proceedings. This must take place within two weeks of receipt of the statement of reasons for the objection. (4) The objection to the injunction does not have suspensive effect. The Federal Constitutional Court may suspend the enforcement of the injunction. (5) The Federal Constitutional Court may announce the decision on the injunction or on the objection without justification. In this case, the statement of reasons shall be transmitted separately to the parties concerned. (6) The injunction shall not enter into force after six months. It may be repeated by a majority of two-thirds of the votes. (7) If a Senate is not quorum, the injunction may be enacted with special urgency if at least three judges are present and the Decision taken unanimously. She will be out of power after a month. If it is confirmed by the Senate, it shall enter into force six months after it has been remitted. Unofficial table of contents

§ 33

(1) The Federal Constitutional Court may suspend its proceedings pending the execution of proceedings pending before another court, if the findings or the decision of that other court are of importance for its decision (2) The Federal Constitutional Court can base its decision on the actual findings of a final judgment which has been issued in a procedure in which the truth of its own motion is to be investigated. Unofficial table of contents

Section 34

(1) The proceedings of the Federal Constitutional Court shall be free of charge. (2) The Federal Constitutional Court may impose a fee of up to 2,600 euros if the filing of the constitutional complaint or the appeal pursuant to Article 41 (2) of the Basic Law provides a (3) In order to collect the fee, Section 59 (1) of the Federal Budget Code shall apply mutatiously. Unofficial table of contents

§ 34a

(1) The application for the effect of fundamental rights (Section 13 (1)), the prosecution against the Federal President (Section 13 (4)) or a judge (Section 13 (9)) shall be deemed to be unfounded, so the defendant or the defendant shall have the necessary expositions. including the costs of the defence. (2) In the event of a constitutional complaint, the complainant shall be reimbursed in whole or in part. (3) In the other cases, the complainant may not be able to pay the costs of the defence. Federal Constitutional Court order full or partial reimbursement of the expenses. Unofficial table of contents

§ 35

In its decision, the Federal Constitutional Court may determine who shall execute it; it may also determine the manner in which enforcement is carried out in the individual case.

Second section
Access to files outside the procedure

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§ 35a

If requests for information concerning information from or from an inspection in files of the Federal Constitutional Court concern personal data, the provisions of the Federal Data Protection Act shall apply in so far as the following provisions do not apply. meet different rules. Unofficial table of contents

§ 35b

(1) Information from or inspection in files of the Federal Constitutional Court may be granted

1.

public authorities, insofar as this is necessary for the purposes of the administration of justice or the conditions laid down in § 14 (2) (4), (6) to (9) of the Federal Data Protection Act (Bundesdatenschutzgesetz),

2.

Private individuals and other non-public bodies, in so far as they present a legitimate interest for this purpose; access to information and access to the file shall be refused if the person concerned has a legitimate interest in the failure. § 16 (3) of the Federal Data Protection Act does not apply; the issue of the information and the granting of access to the file are to be noted in the file.

Access to information or access to the file may also be granted in so far as the person concerned has consented. (2) Inspection of files can only be granted if it is stated, stating the reasons, that the provision of information for the purpose of carrying out the tasks of the Access to the file for public authorities (paragraph 1 (1)) or to the legitimate interest of the private individual or other non-public body (paragraph 1 (2) of the file) would not be sufficient or the issue of the grant of the file an information would require a disproportionate effort. (3) From: (4) The files of the file are to be given only if the applicant gives the consent of the body to which the file is concerned; the same shall apply to the inspection of the file. (4) The files of the Federal Constitutional Courts are not sent. They may be sent to public authorities if they can be granted access to the file in accordance with paragraph 2, or if a private individual is to be granted access to the file on the basis of special circumstances. (5) For the purpose of viewing the files of the The Federal Constitutional Court, which is kept in the Federal Archives or through the Federal Archives as an intermediate archive material, shall be subject to archival regulations after the expiry of 30 years since the conclusion of the procedure. For drafts of judgments, decisions and provisions, work on their preparation and documents relating to votes, this shall apply after 60 years. The Federal Constitutional Court reserves the right to use the written records, which are kept in the Federal Archives, for the purposes of judicial and processual purposes and for the right of recourse to be given to the Federal Constitutional Court. For this purpose it shall be sent immediately upon request. (6) The files relating to chamber decisions which are not intended for publication, including the drafts of decisions and dispositions, work on their preparation, and Documents relating to votes may be destroyed with the consent of the Federal Archives after the expiry of 30 years. (7) The files relating to the operations registered in the General Register, which have not been transferred to the procedural register , with the consent of the Federal Archives, may be five years after the last shall be destroyed. Unofficial table of contents

§ 35c

The Federal Constitutional Court may use personal data for a different constitutional procedure in a constitutional procedure concerning the files.

III. Part
Individual types of procedure

First section
Proceedings in the cases of § 13 No. 1

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§ 36

The application for a decision pursuant to the second sentence of Article 18 of the Basic Law may be made by the Bundestag, by the Federal Government or by a state government. Unofficial table of contents

Section 37

The Federal Constitutional Court shall give the defendant the opportunity to submit its observations within a period to be determined and shall decide whether the application is to be rejected as inadmissible or not sufficiently substantiated or whether the trial shall be carried out. is. Unofficial table of contents

§ 38

(1) Upon receipt of the application, the Federal Constitutional Court may order a seizure or search in accordance with the provisions of the Code of Criminal Procedure. (2) The Federal Constitutional Court may, in preparation of the oral proceedings, Arrange a preliminary investigation. The conduct of the preliminary investigation shall be entrusted to a judge of the senate not responsible for the decision. Unofficial table of contents

§ 39

(1) The Federal Constitutional Court shall determine which fundamental rights of the defendant have had a negative effect on the application as well as the reasons for the application. The effect may be limited to a certain period of time, at least one year. It may also impose restrictions on the defendant in accordance with the exact nature and duration of such restrictions, provided that they do not affect other fundamental rights as they have been achieved. In this regard, the administrative authorities do not require any further legal basis to intervene against the defendant. (2) The Federal Constitutional Court may, for the duration of the effect of the fundamental rights, the right to vote, the eligibility of the defendant and the ability to hold public office clothing and order their dissolution in the case of legal persons. Unofficial table of contents

§ 40

If the effect is not temporary or pronounced for a longer period of time than one year, the Federal Constitutional Court may, if two years have been fined since the ruling of the effect, at the request of the former applicant, or Defuse the defendant in whole or in part, or shorten the duration of the effect. The application can be repeated if a year has passed since the last decision of the Federal Constitutional Court. Unofficial table of contents

Section 41

If the Federal Constitutional Court has decided objectively on a request, it can only be repeated against the same defendant if it is based on new facts. Unofficial table of contents

§ 42

(dropped)

Second section
Proceedings in the cases of § 13 No. 2

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Section 43

(1) The application for a decision as to whether a party is unconstitutional (Article 21 (2) of the Basic Law) may be filed by the Bundestag, the Bundesrat or the federal government. (2) A federal state government can only apply for a party to the party , the organisation of which is confined to the territory of its country. Unofficial table of contents

Section 44

The representation of the party shall be determined in accordance with the statutory provisions, in the alternative according to its statutes. If the representatives are not able to be determined or not present or if they have switched to the Federal Constitutional Court after receipt of the application, those persons who are responsible for the business of the party shall be deemed to be entitled to represent the party during the period of The activity which has led to the request, which has actually led to it. Unofficial table of contents

§ 45

The Federal Constitutional Court gives the right of representation (Section 44) the opportunity to submit comments within a period to be determined and then decides whether the application should be rejected as inadmissible or not sufficiently substantiated or whether the trial , Unofficial table of contents

Section 46

(1) The Federal Constitutional Court finds that the application is justified, that the political party is unconstitutional. (2) The determination may be limited to a legally or organizationally independent part of a party (3) The determination is to link the dissolution of the party or of the self-employed part of the party and the prohibition to create a replacement organization. In this case, the Federal Constitutional Court can also express the confiscation of the property of the party or of the self-employed part of the party for the benefit of the federal government or the country for charitable purposes. Unofficial table of contents

§ 47

The provisions of § § 38 and 41 shall apply accordingly.

Third Section
Proceedings in the cases of § 13 No. 3

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§ 48

(1) The appeal against the decision of the Bundestag on the validity of an election, the violation of rights in the preparation or implementation of the election, insofar as they are subject to the electoral review under Article 41 of the Basic Law, or the loss Membership in the Bundestag may be a member of the Bundestag, whose membership is disputed, a person entitled to vote or a group of persons entitled to vote, whose opposition has been rejected by the Bundestag, a political group or a minority of the Bundestag, which shall at least one tenth of the statutory number of members , within a period of two months from the date of the decision of the Bundestag to the Federal Constitutional Court; the appeal must be justified within this period of time. (2) The Federal Constitutional Court may, from an oral hearing, be (3) If an eligible person or a group of persons entitled to vote has been examined in the event of a breach of the rights of the person whose rights have been infringed, the Federal Constitutional Court to determine this breach if it does not declare the election invalid .

Fourth Section
Proceedings in the cases of § 13 No. 4

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§ 49

(1) The charges against the Federal President for intentional violation of the Basic Law or any other federal law shall be filed by the Federal Constitutional Court by filing an indictup. (2) On the basis of the decision of one of the the two legislative bodies (Article 61 (1) of the Basic Law), the President of the Federal Constitutional Court, the President of the Federal Republic of Germany and the Federal Constitutional Court. (3) The indictment must be the act or omission, because of the the prosecution is brought, the evidence and the provision of the Constitution or the law that is supposed to be injured. It must contain the finding that the decision to collect the charges has been taken by the majority of two thirds of the statutory number of members of the Bundestag or two-thirds of the votes of the Bundesrat. Unofficial table of contents

§ 50

The prosecution may only be brought within three months of the date on which the facts on which the person entitled to the application has been made known to the person concerned. Unofficial table of contents

Section 51

The initiation and implementation of the proceedings shall not be affected by the resignation of the Federal President, by his departure from the Office or by the dissolution of the Bundestag or the expiry of his term of office. Unofficial table of contents

Section 52

(1) The indictment may be withdrawn until the judgment is announced on the basis of a decision by the applicant body. The decision shall require the approval of the majority of the statutory number of members of the Bundestag or the majority of the votes of the Bundesrat. (2) The prosecution shall be made by the President of the applicant body by sending a copy of the Decision taken back to the Federal Constitutional Court (Bundesverfassungsgericht). (3) The withdrawal of the charges will become ineffective if the Federal President contradicts it within one month. Unofficial table of contents

Section 53

The Federal Constitutional Court may, after having been charged with the prosecution, determine by an injunction that the Federal President is prevented from performing his duties. Unofficial table of contents

§ 54

(1) The Federal Constitutional Court may order a preliminary examination for the preparation of the oral proceedings; it must order it if the representative of the prosecution or the Federal President has requested it. (2) The conduct of the preliminary investigation is a Judge of the Senate not responsible for the decision to be transferred to the main proceedings. Unofficial table of contents

§ 55

(1) The Federal Constitutional Court decides on the basis of oral proceedings. (2) The Federal President is to be charged for the trial. In doing so, he must point out that without him he will be negotiated if he does not have the necessary nor sufficient reason to be removed prematurely. (3) In the trial, the representative of the applicant body shall first bear the charge (4) Then the Federal President will be given the opportunity to declare his/her charge. (5) The evidence of evidence shall be held in this case. (6) In the end, the representative of the prosecution shall be heard with his or her defence with his application and the Federal President. He's got the last word. Unofficial table of contents

§ 56

(1) The Federal Constitutional Court shall determine in the judgment whether the Federal President is guilty of an intentional violation of the Basic Law or of a federal law to be clearly defined. (2) In the case of conviction, the Federal Constitutional Court may Declare the Federal President of his office to be funny. The announcement of the judgment comes as a result of the loss of office. Unofficial table of contents

Section 57

A copy of the judgment, together with the reasons, must be sent to the Bundestag, the Bundesrat, and the Federal Government.

Fifth Section
Proceedings in the cases of § 13 No. 9

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Section 58

(1) If the Bundestag is to submit an application under Article 98 (2) of the Basic Law against a federal judge, the provisions of Sections 49 to 55 of the Basic Law shall apply accordingly, with the exception of section 49 (3) sentence 2, § § 50 and 52 (1) sentence 2. (2) Federal judges accused of a breach in the Office, the Bundestag does not decide before a final conclusion of the judicial procedure or, if a formal disciplinary procedure has been initiated in advance of the same infringement, not before the opening of this procedure. The application is no longer admissible after six months have elapsed since the final termination of the court proceedings in which the federal judge is to be found guilty of the infringement. (3) Apart from the cases of paragraph 2, the application shall not be allowed to: an application as referred to in paragraph 1 shall no longer be admissible if two years have been finalized since the infringement. (4) The application shall be represented by a representative of the Bundestag before the Federal Constitutional Court. Unofficial table of contents

§ 59

(1) The Federal Constitutional Court shall recognise one of the measures provided for in Article 98 (2) of the Basic Law or to acquittals. (2) Discovers the Federal Constitutional Court for dismissal, the loss of office shall be due to the promulgation of the judgment (3) If it is recognized in another office or in retirement, the authority responsible for the dismissal of the federal judge shall be responsible. (4) The Federal President, the Bundestag and the Bundestag shall be responsible for issuing the judgment for reasons of reason. of the Federal Government. Unofficial table of contents

§ 60

As long as proceedings are pending before the Federal Constitutional Court, proceedings pending before a disciplinary court on the same matter shall be suspended. If the Federal Constitutional Court discovers any dismissal from the Office or upon placement of the translation into another office or retirement, the disciplinary procedure shall be terminated; in the other case it shall be continued. Unofficial table of contents

Section 61

(1) The resumption of proceedings shall only be made in favour of the convicted person and only at his request or after his death at the request of his spouse, life partner or one of his descendants under the conditions laid down in § § 359 and 364 of the Criminal procedure. The application must indicate the legal reason for the resumption and the evidence. The application for a retrial does not impress the validity of the judgment. (2) The Federal Constitutional Court decides on the admission of the application without oral proceedings. The provisions of § § 368, 369 (1), (2) and (4) and § § 370 and 371 (1) to (3) of the Code of Criminal Procedure shall apply accordingly. (3) In the renewed main hearing, either the earlier judgment is to be maintained or to a milder measure, or on acquittals. Unofficial table of contents

Section 62

Unless otherwise specified in the second sentence of Article 98 (5) sentence 2 of the Basic Law, the provisions of this Section shall also apply if the law of a Land for Land Judges is subject to the provisions of Article 98 (2) of the Basic Law. Basic law meets the requirements of the law.

Sixth Section
Proceedings in the cases of § 13 No. 5

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§ 63

Applicants and defendant can only be: the Federal President, the Bundestag, the Bundesrat, the Federal Government and the parts of the German Bundestag and the Federal Council with its own rights in the Basic Law or in the Rules of the Federal Parliament and the Bundesrat of these organs. Unofficial table of contents

Section 64

(1) The request shall be admissible only if the applicant asserts that he or the institution to which he belongs is infringed by a measure or omission by the defendant in his rights and obligations conferred upon him by the Basic Law, or is directly at risk. (2) In the application, the provision of the Basic Law is to be described, against which the contested measure or omission of the defendant is violated. (3) The application must within six months after the objection In the case of a measure or omission, the applicant has been notified. (4) In so far as the time limit has expired upon the entry into force of this Act, the application may still be made within three months of the entry into force. Unofficial table of contents

Section 65

(1) The applicant and the defendant may, in any situation of the proceedings, accede to other eligible persons referred to in § 63, if the decision is also relevant for the delimitation of their competences. (2) The Federal Constitutional Court Informs the Federal President, the Bundestag, the Federal Council and the Federal Government of the initiation of the proceedings. Unofficial table of contents

Section 66

The Federal Constitutional Court can connect and disconnect pending proceedings. Unofficial table of contents

§ 66a

In proceedings pursuant to § 13 No. 5 in conjunction with Section 2 (3) of the Committee of Inquiry into the Committee of Inquiry, as well as in proceedings pursuant to Section 18 (3) of the Committee of Inquiry, including in connection with § § 19 and 23 (2) of the Committee of Inquiry into the Committee of Inquiry, the The Federal Constitutional Court shall decide without oral proceedings. The same applies to applications pursuant to § 14 of the Act on parliamentary control of intelligence activities of the Federal Government in connection with § 63. Unofficial table of contents

Section 67

In its decision, the Federal Constitutional Court shall determine whether the contested measure or omission of the defendant is in breach of a provision of the Basic Law. The provision shall be designated. In the decision-making formula, the Federal Constitutional Court may at the same time decide on a point of law which is important for the interpretation of the provision of the Basic Law, from which the determination according to sentence 1 depends.

Seventh Section
Proceedings in the cases of § 13 No. 7

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Section 68

Applicants and defendant can only be:
for the Federal Government,
for a country the state government. Unofficial table of contents

Section 69

The provisions of § § 64 to 67 shall apply accordingly. Unofficial table of contents

Section 70

The decision of the Federal Council pursuant to the first sentence of Article 84 (4) of the Basic Law can only be challenged within one month of the decision-making process.

Eighth section
Procedure in the cases of § 13 No. 8

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Section 71

(1) Applicants and defendant may only be

1.

in the case of public-law disputes in accordance with Article 93 (1) (4) of the Basic Law, between the Federal Government and the Länder: the Federal Government and the State Governments;

2.

in the case of public-law disputes in accordance with Article 93 (1) (4) of the Basic Law between the Länder: the State Governments;

3.

in the case of public-law disputes in accordance with Article 93 (1) (4) of the Basic Law within a country: the supreme organs of the country and those in the national constitution or in the rules of procedure of a supreme body of the country with their own Parts of these institutions which are endowed with rights, if they are directly affected by the subject of the dispute in their rights or responsibilities.

(2) The provision of section 64 (3) shall apply accordingly. Unofficial table of contents

Section 72

(1) The Federal Constitutional Court may recognize in its decision

1.

the admissibility or inadmissibility of a measure;

2.

the obligation of the defendant to refrain from any action, to withdraw, to carry out or to tolerate a measure;

3.

the obligation to provide a service.

(2) In the proceedings pursuant to Section 71 (1) no. 3, the Federal Constitutional Court shall determine whether the contested measure or omission of the defendant is in breach of a provision of the national constitution. The provisions of § 67, sentence 2 and 3 shall apply accordingly.

Ninth Section
Proceedings in the cases of § 13 No. 10

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Section 73

(1) Only the supreme organs of that country and the parts of those institutions which have their own rights in the country's constitution or in the rules of procedure of a supreme body of the country with its own rights may be subject to constitutional dispute within a country. (2) The provision of section 64 (3) shall apply mutatily, unless the country's law determines otherwise. Unofficial table of contents

Section 74

If the national law does not determine which content and which effect the decision of the Federal Constitutional Court can have, Section 72 (2) shall apply mutatis-ly. Unofficial table of contents

§ 75

The general provisions of the II procedure shall apply to the procedure. Part of this law accordingly.

Tenth section
Procedures in the cases of § 13 Nos. 6 and 6a

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Section 76

(1) The application by the Federal Government, a federal state government or a quarter of the members of the Bundestag pursuant to Article 93 (1) (2) of the Basic Law is only admissible if the applicant is federal or state law

1.

on the grounds of its formal or factual incompatibility with the Basic Law or the other federal law, or

2.

shall be valid after a court, administrative authority or an institution of the Federation or of a country has not applied the law to be incompatible with the Basic Law or other federal law.

(2) The application of the Federal Council, a national government or the national representation of a country pursuant to Article 93 (1) (2a) of the Basic Law shall be admissible only if the applicant is a federal law for failure to comply with the conditions laid down in Article 72. The application may also be based on the fact that the applicant does not consider the Federal Act to be null and void because of non-compliance with the conditions laid down in Article 75 (2) of the Basic Law. Unofficial table of contents

Section 77

The Federal Constitutional Court

1.

in the cases of Section 76 (1) of the Bundestag, the Bundesrat, the Federal Government, in the case of disagreements on the validity of federal law, also the state governments and in the case of disagreements on the validity of a national law the norm of the national representation and the government of the country in which the norm was promulgated,

2.

in the cases of Section 76 (2) of the Bundestag, the Bundesrat, the Federal Government, and the national representatives and governments of the Länder

within a period to be determined, the opportunity to submit comments. Unofficial table of contents

Section 78

If the Federal Constitutional Court comes to the conclusion that federal law is incompatible with the Basic Law or the Land Law with the Basic Law or the other federal law, it shall declare the law void. If, for the same reasons, other provisions of the same law are incompatible with the Basic Law or other federal law, it may also annul the Federal Constitutional Court for the same reasons. Unofficial table of contents

§ 79

(1) Against a legally binding sentence, based on a standard declared invalid by the Basic Law or in accordance with Section 78, or on the interpretation of a standard, which is declared incompatible with the Basic Law by the Federal Constitutional Court , the reopening of the proceedings under the provisions of the Code of Criminal Procedure shall be admissible. (2) In addition, subject to the provision of Section 95 (2) or a special legal system, no longer applicable law shall remain applicable. Decisions based on a standard declared void in accordance with Section 78 shall be without prejudice to the provisions of this Regulation. Enforcement from such a decision shall be inadmissible. In so far as the enforcement of the law is to be carried out in accordance with the provisions of the Code of Civil Procedure, the provisions of Section 767 of the Code of Civil Procedure shall apply accordingly. Claims arising out of unjustified enrichment are excluded.

Eleventh Section
Procedures in the cases of § 13 Nos. 11 and 11a

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§ 80

(1) If the conditions laid down in Article 100 (1) of the Basic Law have been fulfilled, the courts shall immediately obtain the decision of the Federal Constitutional Court. (2) The justification must indicate to what extent the validity of the legislation is the The decision of the Court of First Instance is subject to and with which parent legal standard it is incompatible. The documents shall be attached. (3) The application of the Court of First Instance shall be independent of the complaint by a process party of the invalidity of the legislation. Unofficial table of contents

§ 81

The Federal Constitutional Court only decides on the legal question. Unofficial table of contents

§ 81a

The board may, by unanimous decision, determine the inadmissibility of an application in accordance with § 80. The decision shall be reserved to the Senate if the application is filed by a Land Constitutional Court or by a Supreme Court of the Federal Republic. Unofficial table of contents

Section 82

(1) The provisions of § § 77 to 79 shall apply mutagentily. (2) The constitutional bodies referred to in § 77 may accede in any state of the proceedings. (3) The Federal Constitutional Court also gives the parties to the proceedings before the Court of First Instance, which shall submit the application (4) The Federal Constitutional Court is entitled to appeal to the Supreme Court of the Federal Republic of Germany or to the supreme courts of the state in order to inform the court of the request, as and on the basis of what considerations, the Basic Law in the contested Question so far have interpreted whether and how they have applied the law in dispute in their validity in their case-law and which related legal questions are pending for the decision. It may also request that its considerations be set out in a legal matter which is significant for the decision. The Federal Constitutional Court shall inform the person entitled to the outside of the opinion of the opinion. Unofficial table of contents

§ 82a

(1) § § 80 to 82 shall apply, subject to paragraphs 2 and 3, to the verification of the compatibility of a decision of the German Bundestag for the establishment of a committee of inquiry with the Basic Law on submission pursuant to section 36 (2) of the Commission of Inquiry. (2) The Bundestag and the qualified minority are entitled to an external authority pursuant to Article 44 (1) of the Basic Law, which is based on the application of the decision of the Enforcement Order. In addition, the Federal Constitutional Court of the Federal Government, the Federal Council, State Governments, the qualified minority according to Article 18 (3) of the Committee of Inquiry and Persons may give persons the opportunity to submit their comments to the extent that they are (3) The Federal Constitutional Court can decide without oral proceedings.

Twelfth section
Proceedings in the cases of § 13 No. 12

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Section 83

(1) In the cases referred to in Article 100 (2) of the Basic Law, the Federal Constitutional Court shall determine in its decision whether the rule of international law is a part of federal law and whether it directly applies rights and obligations for the individual (2) The Federal Constitutional Court has previously given the Bundestag, the Bundesrat and the Federal Government the opportunity to submit their comments within a period to be determined. They can join in any situation of the procedure. Unofficial table of contents

Section 84

The provisions of § § 80 and 82 (3) apply accordingly.

Thirteenth Section
Proceedings in the cases of § 13 No. 13

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§ 85

(1) If the decision of the Federal Constitutional Court is to be obtained in accordance with the first sentence of Article 100 (3) of the Basic Law, the Constitutional Court of the Land shall submit the files under the presentation of its legal opinion. (2) The Federal Constitutional Court shall give the Federal Council, the Federal Government and, if it wishes to derogate from a decision of the Constitutional Court of a country, the Federal Constitutional Court to decide within a period to be determined. (3) The Federal Constitutional Court only decides on the Legal question.

Fourteenth Section
Proceedings in the cases of § 13 No. 14

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§ 86

(1) The German Bundestag, the Bundesrat, the Federal Government and the national governments are entitled to apply. (2) If a court proceedings are in dispute and if it is significant whether a law is valid as a federal law, the court shall have the right to apply the law in a reasonable manner. Application of § 80 to obtain the decision of the Federal Constitutional Court. Unofficial table of contents

Section 87

(1) The application by the Federal Council, the Federal Government or a national government shall be admissible only if the decision is subject to the admissibility of an already completed or imminent measure of a federal institution, a federal authority, or of the institution or authority of a country. (2) The application of the condition referred to in paragraph 1 must result from the justification for the application. Unofficial table of contents

Section 88

The provision of section 82 shall apply mutatily. Unofficial table of contents

§ 89

The Federal Constitutional Court shall rule on whether the law shall continue in whole or in part in the entire federal territory or in a certain part of the federal territory as federal law.

Fifteenth Section
Proceedings in the cases of § 13 No. 8a

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§ 90

(1) Everyone may, by claiming to be infringed by public authority in one of its fundamental rights or in one of its rights contained in Article 20 (4), Articles 33, 38, 101, 103 and 104 of the Basic Law, to the Federal Constitutional Court. (2) If the violation of the right of appeal is admissible, the constitutional complaint may only be levied after exhaustion of the legal path. However, the Federal Constitutional Court can immediately decide on a constitutional complaint filed before the exhaustion of the legal proceedings if it is of general importance or if the appellant has a serious and unwaxing disadvantage in the event that he was first referred to the legal path. (3) The right to bring a constitutional complaint to the Land Constitutional Court in accordance with the law of the Land Constitution shall remain unaffected. Unofficial table of contents

Section 91

Municipalities and municipal associations can claim the constitutional complaint with the claim that a law of the federal government or of the country violates the provision of Article 28 of the Basic Law. The constitutional complaint to the Federal Constitutional Court is ruled out in so far as a complaint can be lodged with the Federal Constitutional Court in respect of the violation of the right to self-government under the rights of the country. Unofficial table of contents

Section 91a

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§ 92

In the explanatory statement of the appeal, the right to be infringed and the act or omission of the institution or authority by which the complainant feels infringed shall be designated. Unofficial table of contents

Section 93

(1) The constitutional complaint shall be raised within one month and shall be justified. The time-limit shall begin with the notification or informal notification of the decision taken in full form if it is to be carried out on its own account in accordance with the relevant procedural provisions. In other cases, the period begins with the proclamation of the decision or, if it is not to be proclaimed, with its other announcement to the complainant; in so doing, the appellant shall have a copy of the decision in full If the form is not granted, the time limit for the first sentence shall be interrupted by the fact that the appellant requests, in writing or to the minutes of the office, the issuing of a decision in full form. The interruption continues until the decision is given in full form to the appellant by the court, or is served on its own account or by a party involved in the proceedings. (2) Was a complainant with no fault shall be prevented from complying with this deadline and shall be granted reinstatation at the previous stage. The application shall be submitted within two weeks of the removal of the obstacle. The facts on the grounds for the application shall be made credible in the application or in the proceedings on the application. Within the application deadline, the missed legal act is to be recovered; if this is done, the reinstatment can also be granted without a request. The application shall be inadmissible after one year since the end of the missed time limit. The fault of the plenipotentiary is the same as the fault of a complainant. (3) The constitutional complaint against a law or against any other act of sovereignty against which a legal path is not open may be the case. (4) If a law has entered into force before 1 April 1951, the constitutional complaint may be filed until 1 April 1952. . Unofficial table of contents

Section 93a

(1) The constitutional complaint shall require acceptance of the decision. (2) It shall be adopted for decision

a)

in so far as their fundamental constitutional importance is attached,

b)

if it is appropriate for the enforcement of the rights referred to in § 90 (1); this may also be the case if the appellant is given a particularly serious disadvantage as a result of the failure of the decision to deal with the case.

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Section 93b

The board may reject the acceptance of the constitutional complaint or accept the constitutional complaint in the case of § 93c. In the rest, the Senate decides on the assumption. Unofficial table of contents

§ 93c

(1) The requirements of § 93a (2) (b) and the constitutional question governing the assessment of the constitutional complaint have already been decided by the Federal Constitutional Court, can the Board of the Constitutional complaint shall take place if it is manifestly justified. The decision is the same as the decision of the Senate. A decision declaring the effect of § 31 (2) that a law is incompatible with the Basic Law or other federal law shall be reserved to the senate. (2) § 94 (2) and (3) and Article 95 (1) of the procedure shall apply to the proceedings. 2 Application. Unofficial table of contents

§ 93d

(1) The decision in accordance with § 93b and § 93c shall be taken without oral proceedings. It is indisputable. (2) As long as the Senate has not ruled on the adoption of the constitutional complaint, the Board may all consider the constitutional complaints procedure. Adopt decisions. An injunction with which the application of a law is suspended in whole or in part can only be made by the senate; section 32 (7) remains unaffected. The Senate also decides in the cases of § 32 para. 3. (3) The decisions of the Board shall be taken by a unanimous decision. Adoption by the Senate is decided if at least three judges agree to it. Unofficial table of contents

Section 94

(1) The Federal Constitutional Court shall give the constitutional institution of the Federation or the Land, whose act or omission is objectionable in the constitutional complaint, an opportunity to submit its observations within a period to be determined. (2) Ging the act or omission from a Minister or authority of the Federation or of the Land, the Minister responsible shall be given the opportunity to submit his observations. (3) The constitutional complaint against a judicial decision shall be given by the Federal Constitutional Court also to the opportunity provided by the decision to the beneficiary (4) The constitutional complaint is directly or indirectly against a law, so § 77 shall apply accordingly. (5) The constitutional bodies referred to in paragraphs 1, 2 and 4 may accede to the procedure. The Federal Constitutional Court may cancel oral proceedings if no further promotion of the proceedings is to be expected of it and if the constitutional bodies which have acceded to the procedure for the expression of the proceedings are to be held in oral proceedings do not. Unofficial table of contents

§ 95

(1) If the constitutional complaint is granted, the decision shall determine which provision of the Basic Law and by which act or omission it has been violated. The Federal Constitutional Court may at the same time declare that any repetition of the contested measure also violates the Basic Law. (2) If the constitutional complaint is uphold against a decision, the Federal Constitutional Court shall lift the In the cases of Section 90 (2) sentence 1, it refers the matter back to a competent court. (3) If the constitutional complaint is uphold against a law, the law shall be annulled. The same shall apply if the constitutional complaint is granted in accordance with paragraph 2, because the repealed decision is based on an unconstitutional law. The provision of section 79 shall apply mutatily. Unofficial table of contents

Section 95a

(dropped)

Sixteenth section
Proceedings in the cases of § 13 No. 6b

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§ 96

(1) The reasons for an application pursuant to Article 93 (2), first sentence, of the Basic Law must result in the existence of the condition referred to in Article 93 (2), third sentence, of the Basic Law. (2) The Federal Constitutional Court shall give the other (3) An authorized person in accordance with paragraph 2 may accede in any situation of the proceedings.

Seventeen Section
Procedure in the cases of § 13 (3a)

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§ 96a

(1) The appellant is entitled to appeal to associations and parties to which the recognition as an eligible party has been denied in accordance with Article 18 (4) of the Federal Elections Act. (2) The appeal is within a period of four days after the announcement of the To raise the decision at the meeting of the Federal Electoral Committee pursuant to Section 18 (4) sentence 2 of the Federal Elections Act and to justify it. (3) § 32 shall not apply. Unofficial table of contents

Section 96b

The Federal Electoral Committee shall be given the opportunity to express its views. Unofficial table of contents

§ 96c

The Federal Constitutional Court may decide without holding an oral hearing. Unofficial table of contents

§ 96d

The Federal Constitutional Court may announce its decision without justification. In this case, the statement of grounds of the appellant and the Federal Electoral Committee shall be submitted separately.

IV. Part
Delay complaint

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§ 97a

(1) Those who, as a result of an inappropriate duration of proceedings before the Federal Constitutional Court as a party to the proceedings or as a participant in a procedure suspended in order to bring about a decision of the Federal Constitutional Court, have a disadvantage Suffers shall be 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 Federal Constitutional Court. (2) A disadvantage, which is not an asset disadvantage, is presumed when a Proceedings before the Federal Constitutional Court took an unduly long time. For this purpose, compensation can only be claimed unless, in the circumstances of the individual case, compensation is not sufficient in other ways, in particular by determining the inadequacy of the duration of the proceedings. The compensation provided for in the second sentence shall be EUR 1 200 for each year of delay. If the amount according to sentence 3 is unbilly according to the circumstances of the individual case, the Federal Constitutional Court may set a higher or lower amount. Unofficial table of contents

§ 97b

(1) On the basis of a complaint to the Federal Constitutional Court, compensation and reparation shall be decided (delay complaint). The delay complaint shall be admissible only if the appellant has had the duration of the proceedings in the Federal Constitutional Court (delay-over). The delay is to be filed in writing and in the light of the circumstances which justify the inadequacy of the duration of the proceedings. It shall be admissible at the earliest twelve months after the date of receipt of the proceedings before the Federal Constitutional Court. A notice of delay is not required. (2) The delay complaint can be levied at the earliest six months after a delay is raised; a decision of the Federal Constitutional Court has been issued or the proceedings have been taken has been dealt with elsewhere, the delay is to be raised within three months. It shall be written in writing and shall be justified at the same time. The claim shall not be transferable until the final decision on the delay complaint has been made. Unofficial table of contents

§ 97c

(1) The Board of Appeal, in which the plenum appounds two judges from each senate, shall decide on the delay. The regular term of office is two years. (2) In the event that the rapporteur of the proceedings in question is a member of the Board of Appeal, he is excluded from participation in the appeal proceedings. (3) The details, in particular the The rules of procedure shall be laid down by the Presidency of the Council and by ensuring that the members of the Chamber who depart from the Chamber are continuously returned to the Chamber and represent them in the Chamber. Unofficial table of contents

§ 97d

(1) The rapporteur of the contested proceedings is to submit an opinion within one month of receipt of the grounds for the delay complaint. (2) The Board of Appeal shall decide by more. In the event of a tie, the delay complaint shall be deemed to be rejected. The Board of Appeal shall decide without oral proceedings. The decision on the delay shall not be subject to any justification. (3) The decision shall be incapable of countering the decision. Unofficial table of contents

§ 97e

§ § 97a to 97d also apply to proceedings which were already pending on 3 December 2011, as well as for completed proceedings, the duration of which is the subject of a complaint to the European Court of Human Rights on 3 December 2011, or can be. § 97b (1) sentence 2 to 5 shall not apply to completed proceedings in accordance with sentence 1; § 97b (2) shall apply with the proviso that the delay complaint can be levied immediately and must be levied no later than 3 March 2012.

V. Part
Final provisions

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Section 98

(1) A judge of the Federal Constitutional Court shall retire at the end of the term of office (§ 4 para. 1, 3 and 4). (2) A judge of the Federal Constitutional Court shall be retire in the event of permanent invalidity. (3) A judge of the Federal Constitutional Court shall be retire. (3) Federal Constitutional Court is to be retired upon request without proof of invalidity if he has held his office as a judge of the Federal Constitutional Court at least six years and if he

1.

the 65. has been completed or has been completed

2.

disabled person within the meaning of § 2 of the Ninth Book Social Code and the 60. Year of life has been completed.

(4) In the cases referred to in paragraph 3, section 4 (4) shall apply mutatily. (5) A judge in retirement shall receive a retirement pension. The pension shall be calculated on the basis of the references last granted to the judge in accordance with the law on the official salary of the members of the Federal Constitutional Court. The same applies to the survivor's pension provision. (6) § 70 of the Staff Regulations of Officials shall apply accordingly. Unofficial table of contents

§ 99

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§ 100

(1) If the Office of a Judge of the Federal Constitutional Court ends in accordance with § 12, he shall receive, for a period of one year, a transitional allowance in the amount of his pay in accordance with the Act on the Law of the Federal Constitutional Court, if he has held his office for at least two years. The official salary of the members of the Federal Constitutional Court. This shall not apply in the event of retirement in accordance with § 98. (2) The survivors of a former judge of the Federal Constitutional Court who, at the time of his death, referred to transitional allowance, receive death grants as well as for the remainder of the period of reference of the Transitional allowance for widows and orphans; death fees, widows and orphans ' money are calculated from the transitional allowance. Unofficial table of contents

§ 101

(1) An official or judge elected to the judge of the Federal Constitutional Court shall, subject to the provisions of Section 70 of the German Judges Act, be appointed with the appointment from his former office. For the duration of the Office as a judge of the Federal Constitutional Court, the rights and obligations laid down in the service relationship as civil servant or judge rest. In the case of officers or judges who are injured in accidents, the right to the healing process remains unaffected. (2) If the Office is a judge of the Federal Constitutional Court, the official or judge shall, if no other office is transferred, shall leave his/her office from his/her office. Employment as a civil servant or judge in retirement and receives the retirement pension which he would have received in his former post as a judge of the Federal Constitutional Court. In the case of civil servants or judges who are not federal civil servants or federal judges, the Federal Government shall reimburse the salary and survivor's salary. (3) Paragraphs 1 and 2 shall not apply to civil servants of the right to a German university. For the duration of her duties as a judge at the Federal Constitutional Court, her duties as a university lecturer rest in principle. Two thirds of the salaries of the service as a university lecturer are credited to the salaries to which they are responsible as judges of the Federal Constitutional Court. The Federal Government shall reimburse the person's head of the university teacher the actual expenditure arising from his/her representation up to the amount of the amounts which have been allocated. Unofficial table of contents

Section 102

(1) If a former judge of the Federal Constitutional Court is entitled to a retirement pension according to § 101, this claim shall be based on the period for which he or she is to be paid a pension or transitional allowance pursuant to Section 98 or § 100, up to the amount of the amount (2) If an earlier judge of the Federal Constitutional Court, which refers to the transitional allowance pursuant to § 100, is re-used in the civil service, the income from that use shall be credited to the transitional allowance. (3) If a former judge of the Federal Constitutional Court is to be re-used in the public service. (3) Judge of the Federal Constitutional Court Remuneration, emeritus or rest from a service relationship established before or during his term of office as a federal constitutional judge as a university lecturer, the pension or the transitional allowance from the judge's office shall, in addition to the salaries, rest in so far as they together do the same as in accordance with § In addition to the salary or the pension from the employment relationship as a university lecturer, the pension or the transitional allowance from the office of judges shall be increased to the extent that the amount of the pension is higher than the amount of the pension. Pension shall be granted on the basis of the total rest- (4) Paragraphs 1 to 3 shall apply mutas to the survivors ' rights. Section 54 (3) and (4), second sentence, of the Staff Regulations of Officials shall apply mutatily. Unofficial table of contents

Section 103

Unless otherwise specified in § § 98 to 102, the judges of the Federal Constitutional Court shall apply the provisions applicable to federal judges and state aid rules; periods of activity which are applicable to the Exercising the office of the judge of the Federal Constitutional Court is useful, are periods within the meaning of Section 11 (1) (3) (a) of the Civil Service Act. The decisions of the Federal Constitutional Court are taken by the President of the Federal Constitutional Court. Unofficial table of contents

Section 104

(1) If a lawyer is appointed a judge at the Federal Constitutional Court, his rights shall be suspended for the duration of his duties. (2) If a notary is appointed a judge at the Federal Constitutional Court, Section 101 (1) sentence 2 shall apply accordingly. Unofficial table of contents

Section 105

(1) The Federal Constitutional Court may authorize the Federal President to:

1.

to retire a Judge of the Federal Constitutional Court due to permanent invalidity;

2.

to dismiss a judge of the Federal Constitutional Court if he has been convicted of a criminal offence or imprisonment of more than six months, or if he is guilty of such a gross breach of duty has made it impossible for him to remain in office.

(2) The plenary of the Federal Constitutional Court decides on the initiation of proceedings pursuant to paragraph 1. (3) The general procedural rules as well as the provisions of Section 54 (1) and § 55 (1), (2), (4) to (6) shall apply mutatis. (4) The Authorization pursuant to paragraph 1 shall require the approval of two-thirds of the members of the court. (5) After the initiation of the proceedings pursuant to paragraph 2, the plenary of the Federal Constitutional Court may provisionally unvitalizes the judge. The same shall apply if the main proceedings have been opened against the judge for a criminal offence. The provisional revelation from the Office shall require the approval of two-thirds of the members of the court. (6) With the dismissal pursuant to paragraph 1 (2), the judge shall lose all claims from his office. Unofficial table of contents

Section 106

(Entry into force) Unofficial table of contents

Section 107

(dropped)