Rules Of Procedure Of The Constitutional Court

Original Language Title: Geschäftsordnung des Bundesverfassungsgerichts

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Rules of Procedure of the Federal Constitutional Court

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BVerfGGO 2015

Date of issue: 19.11.2014

Full quote:

" Rules of Procedure of the Federal Constitutional Court of 19 April 2014 November 2014 (BGBl. 2015 I p. 286) "

Ersets GO 1104-1-4 v. 15.12.1986 I 2529 (BVerfGGO 1986

For details, see Notes

Footnote

(+ + + Text evidence: 14.3.2015 + + +)

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content

part A
Rules relating to the organization and administration of the Federal Constitutional Court§ § 1-19
B
Process Completion Rules§ § 20-73
Title 1:To the procedure in general§ § 20-37
Title 2:To the procedure in the case of representation pursuant to § 15 paragraph 2 sentence 2, § 19 paragraph 4 BVerfGG§ 38
Title 3:On the procedure in the chambers according to § 81a and § § 93b to 93d BVerfGG§ § 39- 42
Title 4:To the procedure in the committee according to § 14 paragraph 5 BVerfGG § § 43-46
Title 5:To the proceedings in plenary according to § 16 BVerfGG § § 47-48
Title 6:For proceedings in plenary pursuant to § 105 BVerfGG§ § 49-54
Title 7:On the procedure Submission of a special votch pursuant to § 30 paragraph 2 BVerfGG§ 55
Title 8: To the proceedings in plenary according to § 7a BVerfGG§ § 56-58
Title 9: On the procedure in the Board of Appeal in accordance with § 97c BVerfGG§ § 59-62
Title 10:About the General Register (AR) of the Federal Constitutional Court§ § 63-65
 Title 11:Final Provisions§ § 66-73

Part A
Rules governing the organisation and administration of the Federal Constitutional Court

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§ 1

(1) plenary and The President shall cooperate in the performance of the duties of the General Court.(2) The plenary shall advise and decide on the establishment of the budget of the Court of First Instance, on all the questions directly concerned with the members of the General Court, their status and working conditions, and, if necessary, on general principles for the administration of the court.(3) The President shall exercise the powers conferred upon him by the laws and shall execute the decisions of the Plenary in the latter's mandate. He directs the administration of the Court; questions of fundamental importance will be discussed with the plenary. Non-official table of contents

§ 2

(1) The President is convened by the President as required, but at least once in the spring and autumn.(2) The plenary shall be convened without delay if the Vice-President, a committee or at least three judges, together with the counseling object, request it.(3) At least four days shall be between invitation and meeting.(4) The plenary shall be quorum if two-thirds of the members are present.(5) The invitation shall be included on the agenda and, where necessary, the documents required for consultation.(6) The President shall place on the agenda any item of advice notified by a Member of the Court of First Instance not later than the third day before the sitting. If no one is opposed, the plenary can put further items on the agenda. An item of advice which the President, the Vice-President, a committee or at least three judges have tabled shall not be subject to the agenda. Furthermore, the plenary shall decide on the agenda at the beginning of its sitting.(7) The President shall direct the sitting. A Protocol shall be drawn up on the course of its proceedings and shall be forwarded without delay to the Members of the General Court. Non-official table of contents

§ 3

(1) The plenum is the following standing committees:
a)
a business order committee,
b)
a protocol committee,
c)
a household and staff committee,
d)
a library committee.
As needed, other committees are to be formed.(2) The standing committees shall include two judges from each Senate, the committees referred to in paragraph 1 (a) to (c) and the President and Vice-President.(3) The plenary shall appoint the members of the committees and their deputies for two financial years.(4) The President shall preside over the participation of a committee. The other committees shall elect chairmen from their centre.(5) Each member of the Committee may request that he be convened, stating the counseling object. The Chairpersons shall convene the Committee without delay.6. The Committee shall be validly quorum if more than half of its members are present.(7) The standing committees shall do their affairs in place of the plenary, unless the plenary takes the decision on a case-by-case basis, or the committee deems it necessary to take the decision in plenary. The plenary may bind a committee for the treatment of a matter to its decisions. It may assign a matter to a standing committee for the preparation of deliberations and decision-making in plenary.(8) The Chairmen shall report at least once a year to the plenary on the work of the committees. Non-official table of contents

§ 4

Within the court, the President shall be the Vice-President and this one of the eldest, with the same Represented by the life-elder member of the court. Non-official table of contents

§ 5

(1) The President shall represent the General Court on the outside. In the case of the prevention of the Vice-President and in the event of the latter's prevention, the representative shall take over the oldest member of the General Court who is the oldest of his life, with the same seniority.(2) The presentation of opinions of the Court of First Instance and the exercise of its interests vis-à-vis the Federal President, the Bundestag, the Bundesrat, the Federal Government and its committees shall be the responsibility of the President in consultation with the Vice-President. They may be represented or supported by other judges. Non-official table of contents

§ 6

The president exercises the house right. It can be delegated by disposal. Non-official table of contents

§ 7

(1) The members of the court are informed of all the important events that affect the court.(2) In the case of invitations to the court, the protocol committee shall, as a rule, decide whether and by whom it is perceived. Where the President decides in his/her post, the Protocol Committee shall be informed.(3) The same applies to visits to the Court of First Instance. Non-official table of contents

§ 8

The seniority of a member of the court is determined by the day of the insult as judge or judge of the court. Federal Constitutional Court. In the case of the same seniority, the age of life decides. Non-official table of contents

§ 9

As far as the laws applicable to the members of the court are applicable, administrative decisions are The President shall meet the manager, the service manager or the authority. Non-official table of contents

§ 10

Judges ' missions are to be reported to the President. The counter-drawing shows that there are no objections to the treatment of the journey as a business trip. The participation in professional meetings in Germany is always considered a business trip. Non-official table of contents

§ 11

Holidays of the judges, as well as illness and absence of a place for a longer period of one week before the President and the Chairman of the Senate or the President of the Senate in good time. It is necessary to leave an address or to secure the availability otherwise. Non-official table of contents

§ 12

(1) The director and department head "Judicial Administration" in particular support the chairpersons of the Senate in the execution of the senate business.(2) You must have the competence to the judge's office and are bound in senate matters exclusively to the instructions of the chairpersons. Non-official table of contents

§ 13

(1) The scientific staff members support the member of the court to which they are , in the course of its service activities. They shall be bound by the instructions of the latter.(2) The judges shall be entitled to select their own academic staff themselves. They are responsible for the service assessment, and the chairmen of the Senate can attach their own assessment. Non-official table of contents

§ 14

(1) The distribution of administrative transactions is governed by the President. Certain transactions may be transferred to the Director in general for self-execution.(2) Administrative decisions relating to the members of the General Court, which are not simple business of the current administration, shall be taken by the President himself. Non-official table of contents

§ 15

(1) The director is acting as a management board on behalf of the president. The more detailed rules are provided by the President.(2) preparatory discussions or negotiations leading members of the administration with legislative bodies or ministries shall be held or are within the framework of the directives previously adopted in plenary or in one of its committees, as far as they do not exist, to lead the President after the instructions of the President. Non-official table of contents

§ 16

The postal entry is submitted to the President and the Vice-President, unless otherwise specified. Those who are appointed by them for the award of process post and of the procedures to be recorded in the General Register must have the competence to judge. Non-official table of contents

§ 17

(1) Official information of the General Court shall be published by the Press Office.(2) Official information to the media in the area of a senate shall be subject to the approval of the chairman or the chairman.(3) The media work of the Court shall be coordinated by the Press Office. Non-official table of contents

§ 18

An archive is set up at the court's library, in which all the materials touching the court are collected. Non-official table of contents

§ 19

As far as the position of the court as a supreme collegial constitutional body, the The Federal Constitutional Court Act and the Act concerning the terms of office of the members of the Federal Constitutional Court, or the provisions of these Rules of Procedure or the special administrative provisions adopted by the Court of First Instance do not give any other effect, the general rule of law shall apply. Administrative regulations for the supreme federal authorities.

Part B
Procedural Provisions

Title 1
On the General Procedure

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§ 20

(1) The senate decides before the beginning of a fiscal year with effect from the beginning of this Financial year, according to which principles the procedural requests shall be distributed among the members of the Tribunal, including the Chairpersons for reporting purposes. These principles may only deviate from these principles during the financial year if this is necessary for the purpose of overloading or preventing a member of the court from being prevented from doing so.(2) The Chairman or Chairperson shall establish who is responsible for reporting. In case of doubt, the members of the senate concerned shall be heard before the assignment. In case of disagreement, the Senate decides in principle. The Chairman or Chairperson may, in agreement with the Senate, appoint a member to report on the matter in view of the particular importance of the case. Non-official table of contents

§ 21

(1) The Senate determines the days of the week on which they meet regularly for advice. Extraordinary meetings require a Senate decision; in urgent cases, the Chairman or Chairperson may convene an extraordinary meeting.(2) The Chairman or Chairperson shall, in consultation with the Senate, determine the agenda. It is intended to go to the members of the Senate at least ten days before. Non-official table of contents

§ 22

(1) Decisions pursuant to § § 24 and 81a BVerfGG can be made without the request being delivered. Likewise, no notification is required if the acceptance of the constitutional complaint is rejected (§ § 93a, 93b BVerfGG). (2) Delivery by the chairman or chairperson (§ 23 paragraph 2 BVerfGG) is made on a proposal from the rapporteur Member of the Senate.(3) The further promotion of the procedure, in particular by means of substantive provisions, shall be the responsibility of the rapporteur member of the Senate, in so far as it has been initiated in consultation with the chairman or the chairman.(4) Request to supreme courts of the federal or supreme state courts (§ 82 paragraph 4 BVerfGG) shall be provided by the Chairman or Chairperson of the Senate on a proposal from the rapporteur member of the Senate or the Senate. Such requests can also be made in cases other than those of the specific standards control (§ 13 Number 11 BVerfGG).(5) On a proposal from the rapporteur of the Senate or on a decision of the Senate, the Chairman or Chairpersons who have a particular knowledge of a particular area shall be invited to submit a request for a decision of a significant number of persons The Commission shall submit its opinion.(6) All measures relating to the procedure shall be subject to the action of the persons concerned. Non-official table of contents

§ 23

(1) In any case to be decided by the Senate, the Rapporteur member of the Senate shall submit a written vote. At the same time, the members of the Senate deal with the acts of hand, which contain all the documents that are significant in terms of procedure and decision. In simple cases, a reasoned draft decision may be submitted instead of a vote.(2) There shall be at least 10 days between the distribution of the vote and the deliberations or the oral proceedings. Non-official table of contents

§ 24

(1) The senate decides whether oral proceedings are held. He may enact supplementary regulations for oral proceedings and sentencing to § 17a BVerfGG.(2) The oral proceedings shall, as a rule, be based on an outline of the negotiating procedure approved by the Senate in time for the parties to the proceedings before the oral proceedings.(3) The sound recording in which the oral proceedings are held (§ 25a sentence 2 BVerfGG) shall be available only to the members of the court and to the parties to the proceedings to listen to the hearing in the court. Overplaying and private transfers are not permitted.(4) If and to the extent that copies are made for the use of the court, the parties to the proceedings may be entitled to copy them from them.(5) For publication or evaluation in a scientific publication or a procedural documentation, copies of statements may be released if this is due to a weighing up of the public interest in the publication with is justified by the concerns of the parties to the proceedings and of the declaring. If personal data are included in the transcripts, the provisions of the Federal Data Protection Act shall apply for the transmission of research purposes.(6) Marriage shall be granted in an utterance contained in the transcript, the explanatory occasion shall be given the opportunity to comment on the accuracy of the transcript; they may also encourage stylistic corrections which do not alter the meaning. The decision shall be taken by the chairman of the senate. Applications which are not complied with are to be included in the files. The hearing of the explanatory statement may be waiving if this would be disproportionately complex.(7) At the beginning of the oral proceedings, § 25a BVerfGG should be pointed out. Non-official table of contents

§ 25

Only the judges who are involved in the decision may be present at the deliberations. Non-official table of contents

§ 26

(1) The judges who participated in the decision may, until the date of their announcement, or until the date of the decision. , for the purpose of service, to request the continuation of the consultation if they wish to change their votes; they may request the continuation of the consultation in order to bring forward previously undiscussed points of view or if a Special vote to give rise to this.(2) Decisions which have not been taken on the basis of an oral hearing shall be given the date of the day on which they have been definitively decided. Non-official table of contents

§ 27

The Senate decides on the course of the consultation. If the case raises several legal questions, it shall normally be put to the vote in succession before the decision is taken on the tenor. Non-official table of contents

§ 28

(1) The judges who took part in a decision are in the Rubrum with their name in the the order of their seniority, according to the chairpersons.(2) If the signatures are prevented from taking part in a decision, the chairpersons shall be the judge of the signature. Non-official table of contents

§ 29

Decisions to be published in the Federal Law Gazan shall send the Director to the competent authority. Ministry. If the decision is not yet published in the Bundesgesetzblatt three months after the date of delivery or delivery, it shall inform the chairman or the chairman and the rapporteur member of the Senate. Non-official table of contents

§ 30

If the decision is announced to the procedural representative of a constitutional body, it is at the same time as the constitutional body. Non-official table of contents

§ 31

(1) The decisions of the plenum pursuant to § 16 paragraph 1 of the BVerfGG and the Senate are to be taken in a court case authorized collection of the decisions of the Federal Constitutional Court, which is issued by the members of the court on its own responsibility.(2) The plenum or the Senate may exclude the publication of a decision in the collection. This decision must be taken into account.(3) If a decision of the Chamber pursuant to § § 81a, 93b or § 93c BVerfGG is of particular interest on a case-by-case basis, the Senate may, on its proposal, arrange for its publication in the collection.(4) The names of the judges who are involved in the decision shall be printed in the collection.(5) The names of persons, associations of persons and places shall, in principle, be abbreviated with the initial letters in the case of printing.(6) As far as surpluses are available from the publication of the decisions of the Federal Constitutional Court authorized by the court, these are for the tasks of a judicial professional association of the members of the Federal Constitutional Court. Federal Constitutional Courts or for non-profit purposes. Non-official table of contents

§ 32

(1) Official information on decisions taken must be approved by the rapporteur. of the Senate and of the chairman or of the chairman and may not be published until the decision has been received by the parties to the process.(2) The same shall apply to decisions of the Chambers. Non-official table of contents

§ 33

The Federal Constitutional Court has a documentation office. It records and documents constitutional decisions and essential other materials. The members of the Tribunal shall cooperate in the selection and evaluation of documents. The documents are stored in a database which is generally accessible to the courts and is accessible to all. The documentation office is also responsible for archiving and for providing decisions of the Federal Constitutional Court on the Internet. Non-official table of contents

§ 34

Drafts of judgments, decisions and dispositions, work on their preparation and documents, votes shall not form an integral part of the acts of the proceedings. They are to be kept in a special envelope together with the files. Without prejudice to § 35b (5) sentence 2 BVerfGG, they are not subject to file inspection. A non-official table of contents

§ 35

(1) The chairman, in consultation with the rapporteur, shall decide on the inspection of the file. Senats. In the case of Section 63 (2) (c), the President shall decide. In the case of procedures in the General Register pursuant to Section 63 (1), access to the file is decided pursuant to § 65 of the German law.(2) Following the conclusion of the procedure, participants (§ 20 BVerfGG) may be granted access to the file according to § 35b (1) sentence 1 and 2 BVerfGG.(3) The provisions of the Federal Data Protection Act concerning the transfer of personal data shall apply. Non-official table of contents

§ 36

Decisions of the Federal Constitutional Court are to be taken prior to transmission to authorities, courts or private third parties. anonymized. The more detailed rules are laid down by the President. Non-official table of contents

§ 37

(1) The court's procedural acts on senate decisions, including the documents referred to in § 34 can be handed over to the Federal Archives after ten years.(2) The destruction of acts of proceedings and of documents in accordance with § 34 shall be permitted after 30 years. This excludes procedural acts and documents in accordance with § 34 of decisions which have been determined by the court for publication.

Title 2
On the procedure in the case of representation according to § 15 Paragraph 2 sentence 2, § 19 Paragraph 4 BVerfGG

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§ 38

(1) In the cases of § 15 (2) sentence 2 and § 19 The first sentence of paragraph 4 of the Federal Constitutional Law (BVerfGG) shall be assigned by the Chairman of the Senate or the Chairman of the Senate in which the representative case has occurred.(2) The Chairman or Chairperson of the other Senate shall proceed with the lottery procedure. The members of both senates shall be informed of the Lostermin, to which a document official or a Urkundsbeamtin shall be allotted. A copy of the lottery procedure shall be taken to the files of the proceedings. The result of the lottery procedure shall be notified to all members of the court.(3) In order to arrange and carry out the lottery procedure, § 15 paragraph 1 sentence 2 BVerfGG applies accordingly.

Title 3
On the procedure in the chambers according to § 81a and § § 93b to 93d BVerfGG

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§ 39

In the Chambers, as far as they belong to them, the President and the Vice-President, incidentally the The oldest member, who is the oldest member of the same service, shall be the oldest member of the chair. A non-official table of contents

§ 40

(1) Within the limits of its powers, the Chambers-usually due to a written vote-decide in the Procedures to be assigned to one of its members as rapporteur. If a member belongs to several chambers, the Senate, in the decision pursuant to Section 15a (2) of the BVerfGG, regulates how the responsibility for the procedures assigned to it is distributed to the chambers.(2) If a unanimous decision of the Board is not established, the Senate also decides in the cases of § 93d paragraph 2 BVerfGG of the Senate.(3) If the board rejects the acceptance of a constitutional complaint, the requests made in this case shall be subject to the adoption of a preliminary injunction. Non-official table of contents

§ 41

The member of the rapporteur can already decide whether a request for a standard control is not allowed before the board's decision. , or a constitutional complaint is not accepted (§ § 81a, 93b BVerfGG), statements of the persons entitled to vote (§ 82 in conjunction with § § 77, 94 of the BVerfGG) or third parties and with a request to the persons referred to in § 82 paragraph 4 BVerfGG Turn to the courts. Unofficial table of contents

§ 42

Are files of the court in a constitutional complaint procedure that has ended with a non-acceptance decision, In the event of the decision of the Constitutional Court to take its decision, the Court of First Instance shall send a copy of the decision to that court upon the return of the files. The same shall apply where a constitutional body or authority has delivered an opinion on a request for an opinion on the constitutional complaint, or if the constitutional complaint is against a decision of a supreme court Federal Courts.

Title 4
On the procedure in the committee according to § 14 paragraph 5 BVerfGG

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§ 43

In the committee to be set up pursuant to § 14 paragraph 5 BVerfGG, each senate elects two members of the court for the duration of a financial year and their Deputy. The President shall be represented in the Chair by the Vice-President, in the absence of the Vice-President, of the oldest Member of the Committee, who is the oldest Member of the same service. Non-official table of contents

§ 44

(1) The chairpersons are informed of all procedural applications for their senate. In doing so, they will be pointed out to doubts concerning the senate's responsibilities. They shall, where appropriate, conduct a discussion in their senate.(2) One case may be delivered to the other Senate if the chairpersons and rapporteurs of both senates agree on this.3. Any member of the General Court may request the convening of the Committee. The Committee shall be convened without delay, usually with a charge period of fourteen days. This does not apply if the Senate has begun deliberation on the matter. Non-official table of contents

§ 45

The President shall appoint a rapporteur from each Senate from the members of the Committee. They may, together or separately before the meeting, issue a written vote on the question of competence. Non-official table of contents

§ 46

The decisions of the committee are recorded in a file note by the chairman or the chairman. They will not be justified. They will be communicated to all members of the court and brought to the files of the proceedings.

Title 5
On the proceedings in plenary pursuant to § 16 BVerfGG

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§ 47

(1) The Senate, which in a legal matter wants to depart from the legal opinion contained in a decision of the other Senate or plenary, calls for the plenary by a Senate decision.(2) The call to the plenary shall not apply if the Senate, which wishes to deviate from its decision, declares on request that it does not hold on to its legal opinion. Non-official table of contents

§ 48

(1) In preparation for the decision of the plenary, the chairpersons of the Senate nominate one rapporteur. They will submit a vote no later than ten days before the plenary session.(2) The decision of the plenum shall be justified. It is to be treated in the same way as decisions of the Senate.

Title 6
On the procedure in plenary according to § 105 BVerfGG

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§ 49

(1) The application for initiation of proceedings pursuant to § 105 paragraph 1 BVerfGG may be filed by at least six members of the court, in the case of § 105 (1) (1) of the BVerfGG also jointly by the President and the Vice-President.(2) The application together with the statement of reasons shall be communicated in a confidential manner to all the members of the General Court against receipt of the acknowledgement. Non-official table of contents

§ 50

The member of the court against which the application is directed is an opportunity to write to the application in writing. and verbally speaking before the plenary. Non-official table of contents

§ 51

The decision to initiate the procedure requires the consent of at least eight members of the court. The plenary shall advise and decide in the absence of the person or persons concerned. The decision shall not be justified; it shall be signed by the co-operating judges and shall then be opened to the person or persons concerned. Non-official table of contents

§ 52

Following the initiation of the proceedings, the plenum shall appoint a member to lead the investigation from its centre. This listens to the person concerned and carries out the necessary investigations; to the extent of evidence, the person concerned is to be charged. The outcome of the investigation shall report to the plenary in writing and in the oral proceedings; the report shall conclude with a proposal for a decision. This member of the court is excluded from the consultation and decision-making process. Non-official table of contents

§ 53

The oral hearing is held in camera. At the request of the person or persons concerned, the public may be admitted. Non-official table of contents

§ 54

(1) The procedure for an application pursuant to § 105 paragraph 1 of the BVerfGG is to be adjusted if the member of the court, Pursuant to § 12 BVerfGG, the application is dismissed from the Office or retire on account of the expiry of the term of office or on request (Section 98 (1), second paragraph (2) of the BVerfGG).(2) The procedure shall also be adjusted if the application is withdrawn prior to a decision pursuant to Section 105 (4) of the BVerfGG, unless the plenary decides to initiate or continue it.

Title 7
On the procedure for the submission of a special vote pursuant to § 30 paragraph 2 BVerfGG

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§ 55

(1) The special vote, in which a member of the Senate submits a different opinion on the decision or the reasons for the decision taken in the counsel, the chairman of the Senate must be present within three weeks of the finalization of the decision. The senate may extend this period.(2) Anyone who intends to issue a special vote shall inform the Senate as soon as the status of the deliberations is made possible.(3) If the special vote is given in a judgment, the chairpersons shall disclose this in the case of the proclamation. Following this, the judge or the judge can communicate the main content of the special vote.(4) The special vote shall be announced together with the decision.(5) The special vote shall be published in the collection of decisions of the Federal Constitutional Court following the decision.(6) For special votes in plenary decisions, the above provisions shall apply.

Title 8
On the procedure in plenary according to § 7a BVerfGG

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§ 56

Any member of the court may make suggestions for the resolution of the plenary according to § 7a BVerfGG. They shall be submitted and duly substantiated at least one week before the sitting of the plenary, in which case it shall be communicated whether the proposed nomination is in agreement with the nomination. The observance of the deadline may be waited in the agreement of all the members of the court present. Non-official table of contents

§ 57

(1) The election proposals are classified by secret after the close of the debate. The quorum is based on § 7a para. 2 sentence 3 in conjunction with § 16 paragraph 2 BVerfGG.(2) In the first ballot, voting shall be carried out using ballot papers on which the proposals are listed in alphabetical order. Every member of the court has as many votes as suggestions to make. It shall be elected who has received at least the majority of the votes cast, in the order that results from the number of votes.(3) If the first ballot remains unsuccessfully, in whole or in part, ballot papers shall be chosen separately in separate ballots, on which ballot papers shall be placed only by a name. The electoral act shall be repeated until a majority of the votes cast are in favour of a proposal; any repetition of the vote shall be taken as a result of the fact that those who have received the least votes in the previous ballot shall be left to do so. Non-official table of contents

§ 58

(1) If the election in accordance with § 57 does not lead to a sufficient number of proposals, then the further proposals will be made in of a new election. This is to take place in the second calendar week after the end of the previous election date. For this purpose, new persons may be appointed or previously nominated again; the period of the § 56 sentence 2 shall be reduced to three days. In the new election, the plenary may decide that the vote shall be taken only in accordance with the provisions of Section 57 (3).(2) If, in the case of the first sentence of paragraph 1, proposals for the new election are still made in the meeting, the votes of all the members of the court present may decide that the new election shall be carried out immediately. If only persons who have previously been nominated are proposed, the decision may be taken by a two-thirds majority of the members of the General Court present.

Title 9:
Procedure in the Board of Appeal in accordance with § 97c BVerfGG

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§ 59

(1) The plenary session shall be convened each year. Member of the court from each senate and for each of them a representative for the duration of two years in the Board of Appeal. An immediately subsequent re-election is inadmissible. The President or Vice-President shall not be able to participate in the Board of Appeal.(2) For the first term of office commencing in 2012, the plenary shall designate from each Senate a member of the court whose term of office in the Board of Appeal shall be three years; this shall also apply to the two members designated to represent them. of the court. Non-official table of contents

§ 60

If a member of the chamber is excluded from participation in accordance with § 97c paragraph 2 BVerfGG or for other reasons , the Member of the Court of First Instance appointed by the plenary to represent this Chamber member shall replace him in his position. If this is also prevented, the representative shall be represented by the oldest member of the senate, to which the chamber member belongs. This shall also apply to the remainder of the term of office if a member of the Board of Appeal is excluded from the court. Non-official table of contents

§ 61

The Board of Appeal is chaired by the Board of Appeal of the Board of Appeal. Unofficial table of contents

§ 62

(1) A statement in accordance with § 97d paragraph 1 of the BVerfGG is usually only issued after the request has been made by the rapporteur to the Board of Appeal. The files of the main proceedings may be accompanied, in so far as the inspection of the files is not excluded in accordance with Section 34.(2) The Chairman of the Board of Appeal or the Chairman of the Board of Appeal shall, in agreement with the rapporteur Member, decide on the inspection of the files.

Title 10
On the General Register (AR) of the Federal Constitutional Court

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§ 63

(1) Inputs to the Federal Constitutional Court, which do not include either a The administrative matter of the Court of First Instance is still subject to the provisions of the Law on the Federal Constitutional Court, are recorded in the General Register (AR) and processed as a matter of judicial administration. In particular,
a)
Questions on the jurisprudence of the Federal Constitutional Court, as well as pending or completed proceedings,
b)
Inputs that do not pursue a particular application or claim a concern for which the Federal Constitutional Court has jurisdiction.
(2) In the General registers can also be registered:
a)
Constitutional complaints in which an acceptance of the decision (§ 93a BVerfGG) is not considered, because it is are clearly inadmissible or can obviously not be successful in the light of the case law of the Federal Constitutional Court,
b)
Other evidently inadmissible procedural motions,
c)
procedures where the Senate competence cannot be clarified immediately.
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§ 64

(1) The decision as to whether an operation should be entered in the General Register shall be taken by the chairpersons of the respective senate. You can transfer the decision-making authority in general to the employees appointed in accordance with § 16 for the postal exposition.(2) A procedure registered in the General Register in accordance with § 63 (2) (a) shall be transferred to the Register of proceedings if a judicial decision is sought after the information on the legal situation is informed.(3) If an operation is to be transferred from the General Register to the procedural register, he shall be assigned to the speaker or the general register speaker.(4) The files relating to the procedures registered in the General Register, which have not been transferred to a procedural register, shall be destroyed in accordance with the provisions of Section 35b (7) of the BVerfGG for five years after the last one of the available cases. The operations which have been carried out before the entry into force of this Regulation shall, in principle, be destroyed ten years after the date of receipt. Non-official table of contents

§ 65

For the General Register, the Department of Justice department is acting on behalf of the court. It is supported by authorized speakers for the General Register, which must have the competence to judge.

Title 11
Final Provisions

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§ 66

Members of the Court of First Instance, within the meaning of these Rules of Procedure, are also magistrates who, after the expiration of their Continue his term of office (§ 4 paragraph 4 BVerfGG). Non-official table of contents

§ 67

The judges at the oral hearing carry a robe with a barett. Non-official table of contents

§ 68

The fiscal year of the Federal Constitutional Court is the calendar year. Non-official table of contents

§ 69

(1) The work of the Federal Constitutional Court is statistically recorded.(2) The Court's business load shall be presented monthly in a statistic and at the end of the financial year in a total statistics. Unofficial table of contents

§ 70

Without prejudice to § 19, the courthouse is to be held during oral proceedings and a sentencing hearing, and flag to special order of the President. Non-official table of contents

§ 71

(1) The request for amendment of the Rules of Procedure can be made by any member of the court. The application shall be made in writing. It must contain the worded text change and justification.(2) There shall be at least one period of one month between the request and the decision-making in plenary.(3) In the case of defence (Article 115a (1), Article 115g of the GG), the Rules of Procedure may be amended by a majority of the Judges present if this is necessary for the maintenance of the working capacity of the Court.(4) If a President, a Vice-President or a Director, takes office, the Rules of Procedure shall be recast in a manner which is linguistically appropriate. Non-official table of contents

§ 72

The Rules of Procedure are to be published in the Federal Law Gazans. A non-official table of contents

§ 73

The Rules of Procedure shall enter into force on the day following the notice of publication, and the Rules of Procedure of the Federal Constitutional Court of 15 December 1986 (BGBl. 2529), as last amended by Article 1 of the Notice of amendments to the Rules of Procedure of the Federal Constitutional Court of 7 June 2008. January 2002 (BGBl. 1171), except for force. Non-Official Table of Contents

Final Formula

The President of the Federal Constitutional Court